Select Auto Imports Incorporated v. Yates Select Auto Sales, LLC et al

Filing 94

MEMORANDUM OPINION and ORDER- IT IS HEREBY ORDERED that the Court finds in favor of Plaintiff Select Auto Imports and against Defendant Jeffrey Lee Yates and Yates Select Auto Sales on Counts I, II, IV and V of the Amended Complaint; and IT IS FURT HER ORDERED that this Court shall have jurisdiction and be the appropriate venue for the enforcement of this Permanent Injunction, and Defendants will be assessed all future costs associated with any enforcement action. Signed by District Judge Gerald Bruce Lee on 7/7/2016. (see Order for further details) (dest, )

IN THE UNITED STATES DISTRICT COURT FOR THE
EASTERN DISTRICT OF VIRGINIA
ALEXANDRIA DIVISION

SELECT AUTO IMPORTS

INCORPORATED,

Plaintiff,
Case No. l:15-cv-00679-GBL-JFA
V.

YATES SELECT AUTO SALES, LLC,
Defendant.
MEMORANDUM OPINION AND ORDER

This matter is before the Court on the two-day non-jury trial of Select Auto Imports,

Incorporated's ("Select Auto Imports") claims against Defendants Yates Select Auto Sales, LLC

and Jeffrey Lee Yates (collectively, "Yates Select Auto Sales") seeking both injunctive reliefand

monetary damages for trademark infringement and unfair competition under §§ 32 and 43(a) of
the Federal Trademark Act (the "Lanham Act"), Virginia Code § 59.1-92.12 (the "Virginia
Trademark and Service Mark Act"), Virginia common law, and for trademark cyberpiracy under
Section 43(d) of the Lanham Act.

On November 16, 2015, the Court entered a Stipulation dismissing Defendant Saleiman

Azizi and dismissing theclaim for monetary damages (Doc. 31). Plaintiff withdrew its claim for
trademark cyberpiracy (Coimt III) in its Opposition to Motion for Summary Judgement (Doc.

54). On January 6, 2016, the Court entered a Stipulation dismissing with prejudice Plaintiffs
clauns for attorney's fees (Doc. 71). The sole remaining reliefsought by Select Auto Imports is a

claim for injunctive reliefwith respect to claims for federal trademark infringement in violation
of § 32 of the Lanham Act, 15 U.S.C. § 1114 (Count I), unfair competition and false designation
of origin in violation of § 43(a) of the Lanham Act, 15 U.S.C. § 1125(a) (Count II), trademark