BMW of North America LLC et al v. AIP Electronics, LLC et al

Filing 9

PERMANENT INJUNCTION and DISMISSAL WITH PREJUDICE, signed by Chief Judge Lawrence J. O'Neill on 3/24/17. (CASE CLOSED)(Hellings, J)

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1 2 3 4 5 6 7 8 9 10 11 12 UNITED STATES DISTRICT COURT 13 EASTERN DISTRICT OF CALIFORNIA 14 15 16 17 18 19 20 21 22 23 BMW OF NORTH AMERICA, LLC, a Delaware Limited Liability Company, and BAYERISCHE MOTOREN WERKE AG, a German Corporation, Plaintiff, Case No.: 1:17-cv-00147-LJO-SKO PERMANENT INJUNCTION AND DISMISSAL WITH PREJUDICE HON. LAWRENCE J. O’NEILL v. AIP ELECTRONICS, LLC, a California Limited Liability Company d/b/a ALL IGNITION and OEM PARTS GURU; JATIN PATEL, an Individual; MITUL PATEL, an Individual; and DOES 1-10, inclusive, Defendants. 24 The Court, pursuant to the Stipulation for Entry of Permanent Injunction against 25 Defendants and Dismissal (“Stipulation”) by and between BMW OF NORTH AMERICA, LLC, 26 and BAYERISCHE MOTOREN WERKE AG (collectively “BMW”), and Defendants AIP 27 ELECTRONICS, LLC, d/b/a ALL IGNITION and OEM PARTS GURU, JATIN PATEL, and 28 MITUL PATEL (collectively “Defendants”), filed concurrently herewith, hereby ORDERS, -1PERMANENT INJUNCTION AND DISMISSAL – Case No. 1:17-cv-00147-LJO-SKO 1 ADJUDICATES and DECREES that a permanent injunction shall be and is hereby entered 2 against Defendant in the above-referenced matter as follows: 3 1. PERMANENT INJUNCTION. Defendants and any person or entity acting in 4 concert with, or at the direction of any of the Defendants, including any and all agents, servants, 5 employees, partners, assignees, distributors, suppliers, resellers and any others over which any 6 of the Defendants may exercise control, are hereby restrained and enjoined, pursuant to 15 7 U.S.C. § 1116, from engaging in, directly or indirectly, or authorizing or assisting any third 8 party to engage in, any of the following activities in the United States and throughout the world: 9 a. copying, manufacturing, purchasing, importing, exporting, marketing, 10 selling, offering for sale, distributing or dealing in any product or service that uses, or otherwise 11 making any use of, any of BMW’s trademarks, including but not limited to, the BMW® word 12 and design marks, the M® word and design marks, the MINI® word and design marks, and/or 13 any intellectual property that is confusingly or substantially similar to, or that constitutes a 14 colorable imitation of, any of BMW’s trademarks (collectively “BMW’s Trademarks”), whether 15 such use is as, on, in or in connection with any trademark, service mark, trade name, logo, 16 design, Internet use, website, domain name, metatags, advertising, promotions, solicitations, 17 commercial exploitation, television, web-based or any other program, or any product or service, 18 or otherwise; 19 b. performing or allowing others employed by, under control of, or 20 representing Defendant, or under his control, to perform any act or thing which is likely to 21 injure BMW or any of BMW’s Trademarks, specifically including but not limited to the 22 BMW®, M®, and MINI® marks; 23 c. engaging in any acts of federal and/or state trademark infringement, false 24 designation of origin, unfair competition, dilution, or other act which would tend damage or 25 injure BMW; 26 d. owning, possessing, and/or controlling any Internet domain name that 27 includes any of BMW’s Trademarks, including but not limited to BMW®, M®, and MINI®; 28 and -2PERMANENT INJUNCTION AND DISMISSAL – Case No. 1:17-cv-00147-LJO-SKO 1 e. using any website that includes any unauthorized depictions of BMW’s 2 Trademarks, including but not limited to the BMW® word and design marks, the M® word and 3 design marks and the MINI® word and design marks. 4 2. Defendants are immediately ordered to deliver to counsel for BMW for 5 destruction all unauthorized products, including counterfeit BMW®, M®-, MINI®-branded 6 products, apparel, stickers, labels, signs, prints, packages, wrappers, receptacles and/or 7 advertisements relating thereto in their possession or under their control bearing any of BMW’s 8 Trademarks or any simulation, reproduction, counterfeit, copy or colorable imitations thereof, 9 and all plates, molds, heat transfers, screens, matrices and other means of making the same, to 10 the extent that any of these items are in Defendants’ possession. 11 12 3. This Permanent Injunction shall be deemed to have been served upon Defendants at the time of its execution by the Court. 13 4. The Court finds there is no just reason for delay in entering this Permanent 14 Injunction, and, pursuant to Rule 54(a) of the Federal Rules of Civil Procedure, the Court 15 directs immediate entry of this Permanent Injunction against Defendants. 16 17 5. Defendants will be making an agreed-upon payment to BMW, as more particularly described in a separate Confidential Settlement Agreement. 18 6. NO APPEALS AND CONTINUING JURISDICTION. No appeals shall be 19 taken from this Permanent Injunction, and the parties waive all rights to appeal. This Court 20 expressly retains jurisdiction over this matter to enforce any violation of the terms of this 21 Permanent Injunction by Defendants or any breach of the underlying Settlement Agreement. 22 7. NO FEES AND COSTS. BMW and Defendants shall bear their own attorneys’ 23 fees and costs incurred in this matter. 24 // 25 // 26 // 27 // 28 // -3PERMANENT INJUNCTION AND DISMISSAL – Case No. 1:17-cv-00147-LJO-SKO 1 2 8. DISMISSAL WITH PREJUDICE. Upon entry of this Permanent Injunction against Defendants, this case shall be dismissed with prejudice. 3 4 5 IT IS SO ORDERED. Dated: March 24, 2017 /s/ Lawrence J. O’Neill _____ UNITED STATES CHIEF DISTRICT JUDGE 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -4PERMANENT INJUNCTION AND DISMISSAL – Case No. 1:17-cv-00147-LJO-SKO

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