BMW of North America, LLC et al v. Arion Euthenia, LLC et al

Filing 30

PERMANENT INJUNCTION against Defendants Arion Euthenia, LLC., and Pak Tao NG aka Thomas NG and DISMISSAL, With Prejudice by Judge Fernando M. Olguin. ORDERS, ADJUDICATES and DECREES that a permanent injunction shall be and hereby is entered against D efendants. Defendants are hereby restrained and enjoined. No appeals shall be taken from this Permanent Injunction, and the parties waive all rights to appeal. Each party shall bear their own attorneys fees and costs incurred in this matter. Upon entry of this Permanent Injunction against Defendants, the case shall be dismissed as to Defendants, with prejudice. (MD JS-6. Case Terminated.) (jp)

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1 JS-6 2 3 4 5 6 7 8 9 UNITED STATES DISTRICT COURT 10 CENTRAL DISTRICT OF CALIFORNIA 11 WESTERN DIVISION 12 13 14 15 16 17 18 BMW OF NORTH AMERICA, LLC, et Case No: 2:17-cv-04969 FMO (JEMx) al. PERMANENT INJUNCTION AGAINST DEFENDANTS ARION Plaintiffs, EUTHENIA, LLC AND PAK TAO NG A/K/A THOMAS NG AND v. DISMISSAL, WITH PREJUDICE ARION EUTHENIA, LLC, et al., Hon. Fernando M. Olguin Defendants. 19 20 The Court, pursuant to the Stipulation for Entry of Permanent Injunction and 21 Dismissal (“Stipulation”), by and between Plaintiffs BMW of North America, LLC 22 and Bayerische Motoren Werke AG (collectively “Plaintiffs”), and Defendants 23 Arion Euthenia, LLC and Pak Tao Ng a/k/a Thomas Ng (collectively “Defendants”) 24 filed concurrently herewith, hereby ORDERS, ADJUDICATES and DECREES 25 that a permanent injunction shall be and hereby is entered against Defendants in 26 the above-referenced matter as follows: 27 28 1. PERMANENT INJUNCTION. Defendants are hereby restrained and enjoined, pursuant to 15 United States Code (“U.S.C.”) §1116(a), from -1- PERMANENT INJUNCTION AND DISMISSAL 1 engaging in, directly or indirectly, or authorizing or assisting any third party to 2 engage in, any of the following activities in the United States and throughout the 3 world: i. 4 copying, manufacturing, importing, exporting, purchasing, 5 marketing, advertising for sale, selling, offering for sale, distributing or dealing in 6 any product or service that uses, or otherwise making any unauthorized use of, 7 any of BMW’s trademarks, including but not limited to the BMW®, M®, MINI® 8 and/or MINI COOPER® trademarks (collectively “BMW Trademarks”), and/or 9 any intellectual property that is confusingly or substantially similar to, or that 10 constitutes a colorable imitation of, any BMW Trademarks, whether such use is 11 as, on, in or in connection with any trademark, service mark, trade name, logo, 12 design, Internet use, website, domain name, metatags, advertising, promotions, 13 solicitations, commercial exploitation, television, web-based or any other 14 program, or any product or service, or otherwise; ii. 15 advertising or displaying images and/or photographs of non- 16 genuine BMW products using the BMW®, M®, MINI® and/or MINI COOPER® 17 marks; 18 iii. using BMW Trademarks, including but not limited to the 19 BMW®, M®, MINI® and MINI COOPER® trademarks in advertising to suggest 20 that non-genuine BMW products being advertised are sponsored by, endorsed by, 21 or are otherwise affiliated with BMW and/or advertising non-genuine BMW 22 automotive parts using descriptions that imply that the products are genuine BMW 23 products; 24 iv. performing or allowing others employed by Defendants or 25 under Defendants’ control, to perform any act or thing which is likely to injure 26 Plaintiffs, any BMW Trademarks, and/or BMW’s business reputation or goodwill. 27 vii. engaging in any acts of trademark infringement, false 28 -2- PERMANENT INJUNCTION AND DISMISSAL 1 designation of origin, dilution, unfair business practices under California law, or 2 other act which would tend damage or injure Plaintiffs; and/or 3 viii. using any Internet domain name or URL that includes any of 4 the BMW Trademarks, including but not limited to the BMW®, M®, MINI® and 5 MINI COOPER® trademarks. 6 2. Defendants are ordered to deliver to Plaintiffs immediately for 7 destruction all alleged infringing ghost shadow light products to the extent that 8 any of these items are in Defendant’s possession. 9 10 11 3. This Permanent Injunction shall be deemed to have been served upon Defendants at the time of its execution by the Court. 4. The Court finds there is no just reason for delay in entering this 12 Permanent Injunction against Defendants, and, pursuant to Federal Rule of Civil 13 Procedure 54(a), the Court directs immediate entry of this Permanent Injunction 14 against Defendants. 15 5. NO APPEALS AND CONTINUING JURISDICTION. No 16 appeals shall be taken from this Permanent Injunction, and the parties waive all 17 rights to appeal. This Court expressly retains jurisdiction over this matter to 18 enforce any violation of the terms of this Permanent Injunction by Defendants. 19 20 21 22 23 24 25 26 27 6. NO FEES AND COSTS. Each party shall bear their own attorneys’ fees and costs incurred in this matter. 7. DISMISSAL. Upon entry of this Permanent Injunction against Defendants, the case shall be dismissed as to Defendants, with prejudice. IT IS SO ORDERED, ADJUDICATED and DECREED this 25th day of September , 2017. _________/s/________________________ HON. FERNANDO M. OLGUIN District Court Judge of the United States Central District of California 28 -3- PERMANENT INJUNCTION AND DISMISSAL

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