BMW OF NORTH AMERICA, LLC v. AUTOTEC IMPORT, EDCV13-823-JGB (SPx). (2014)
Court: District Court, C.D. California
Number: infdco20140903a60
Visitors: 5
Filed: Aug. 28, 2014
Latest Update: Aug. 28, 2014
Summary: JUDGMENT JESUS G. BERNAL, District Judge. TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD: Pursuant to the Order filed herewith, IT IS ORDERED AND ADJUDGED that default judgment is entered in favor of BMW of North America LLC ("BMW") and Bayerische Motoren Werke AG (collectively, "Plaintiffs") against Defendants Chris Cheng, Sr., Blue Dreams Auto, Inc., and Yongtao Wang. It is ORDERED that: 1. Plaintiffs shall recover $40,000.00 in statutory damages from Defendants Blue Dreams and Wang. Defenda
Summary: JUDGMENT JESUS G. BERNAL, District Judge. TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD: Pursuant to the Order filed herewith, IT IS ORDERED AND ADJUDGED that default judgment is entered in favor of BMW of North America LLC ("BMW") and Bayerische Motoren Werke AG (collectively, "Plaintiffs") against Defendants Chris Cheng, Sr., Blue Dreams Auto, Inc., and Yongtao Wang. It is ORDERED that: 1. Plaintiffs shall recover $40,000.00 in statutory damages from Defendants Blue Dreams and Wang. Defendan..
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JUDGMENT
JESUS G. BERNAL, District Judge.
TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:
Pursuant to the Order filed herewith, IT IS ORDERED AND ADJUDGED that default judgment is entered in favor of BMW of North America LLC ("BMW") and Bayerische Motoren Werke AG (collectively, "Plaintiffs") against Defendants Chris Cheng, Sr., Blue Dreams Auto, Inc., and Yongtao Wang. It is ORDERED that:
1. Plaintiffs shall recover $40,000.00 in statutory damages from Defendants Blue Dreams and Wang. Defendants Blue Dreams and Wang are jointly and severally liable for the $40,000.00 in statutory damages;
2. Plaintiffs shall recover $20,000.00 in statutory damages from Defendant Cheng;
3. Plaintiffs are awarded $3,000.00 in attorneys' fees and $744.45 in costs against Defendants Blue Dream and Wang. Defendants Blue Dream and Wang are jointly and severally liable for the $3,000.00 in attorneys' fees and $744.45 in costs;
4. Plaintiffs are awarded $800.00 in attorneys' fees and $547.43 in costs against Defendant Cheng; and
5. Defendants are permanently enjoined from further infringement of Plaintiffs' Marks as follows:
A. The import, export, making, manufacture, reproduction, assembly, use, acquisition, purchase, offer, sale, transfer, brokerage, consignment, distribution, shipment, licensing, development, display, delivery, marketing, advertising or promotion of the counterfeit BMW® and M®-branded products identified in the First Amended Complaint and any other unauthorized BMW® and M®-branded products, or products bearing Plaintiffs' Trademarks (including any non-genuine reproduction, counterfeit, copy or colorable imitation thereof);
B. The import, export, making, manufacture, reproduction, assembly, use, acquisition, purchase, offer, sale, transfer, brokerage, consignment, distribution, shipment, licensing, development, display, delivery, marketing, advertising or promotion of the infringing and diluting product identified in the First Amended Complaint and any other product which infringes or dilutes any Plaintiffs' Trademark, trade name and/or trade dress;
C. The unauthorized use, in any manner whatsoever, of any Plaintiffs' Trademarks, trade name and/or trade dress, any variants, colorable imitations, translations and/or simulations thereof and/or any items that are confusingly similar thereto, including specifically: on or in conjunction with any product or service and on or in conjunction with any advertising, promotional materials, labels, hangtags, packaging, or containers;
D. The use of any trademark, trade name, or trade dress that falsely represents, or is likely to confuse, mislead or deceive purchasers, customers, or members of the public to believe that unauthorized product imported, exported, manufactured, reproduced, distributed, assembled, acquired, purchased, offered, sold, transferred, brokered, consigned, distributed, stored, shipped, marketed, advertised and/or promoted by Defendants originates from Plaintiffs, or that said merchandise has been sponsored, approved, licensed by, or associated with Plaintiffs or is, in some way, connected or affiliated with Plaintiffs;
E. Engaging in any conduct that falsely represents that, or is likely to confuse, mislead, or deceive purchasers, customers, or members of the public to believe that Defendants themselves are connected with, or is in some way sponsored by or affiliated with Plaintiffs, purchases product from or otherwise has a business relationship with Plaintiffs;
F. Affixing, applying, annexing, or using in connection with the manufacture, distribution, advertising, sale, and/or offering for sale or other use of any goods, a false description or representation, including words or symbols, tending to falsely describe or represent such goods as being those of Plaintiffs;
G. Hiding, disposing of, destroying, moving, relocating or transferring any and all products, advertising, promotional materials, labels, hangtags, packaging or containers bearing any of Plaintiffs' Trademarks; or
H. Disposing of, destroying, moving, relocating or transferring any documents or things, including electronic records, pertaining to the purchase, procurement, development, making, manufacture, use, display, advertisement, marketing, licensing, sale, offer for sale, distribution, shipping, or delivery of any products or services bearing any Plaintiffs' Trademarks.
The Court orders that such judgment be entered. The Clerk is directed to close the case.
Source: Leagle
