BMW of North America, LLC et al v. Shahin Safaini, No. 2:2009cv05234 - Document 8 (C.D. Cal. 2009)
Court Description: CONSENT JUDGMENT OF PERMANENT INJUNCTION by Judge Stephen V. Wilson IT IS HEREBY ORDERED, ADJUDGED AND DECREED that Defendant, his agents, servants, employees, attorneys-in-fact, and all those persons in active concert or participation with any of them who receive actual notice of this Final Judgment by personal service or otherwise, and each of them, be and hereby are: (SEE ATTACHED JUDGMENT FOR FURTHER DETAILS) ( MD JS-6. Case Terminated ) (pj)
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BMW of North America, LLC et al v. Shahin Safaini Doc. 8 1 Dale J. Giali (SBN 150382) J S -6 HOWREY LLP 2 4 Park Plaza, Suite 1700 Irvine, CA 92614 3 Telephone: (949) 721-6900 Facsimile: (949) 721-6910 4 gialid@howrey.com 5 Counsel for Plaintiffs 6 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA WESTERN DIVISION 7 8 9 BMW of North America, LLC and Bayerische Motoren Werke AG, Case No. CV09-5234 (SVW)(FMOX) Plaintiffs, CONSENT FINAL JUDGMENT OF PERMANENT INJUNCTION 10 11 v. 12 Shahin Safaini d/b/a Super European 13 Automotive, 14 Defendant. Date: Time: Dept.: November 16, 2009 1:30 p.m. 6 No Hearing Requested 15 16 This matter was opened to the Court upon the filing of the Complaint of Plaintiffs 17 BMW of North America, LLC and Bayerische Motoren Werke AG, seeking relief 18 against Defendant Shahin Safaini d/b/a Super European Automotive for, among other 19 things, a permanent injunction based on the allegations of the Complaint, including 20 claims of trademark infringement, unfair competition, and breach of contract. 21 Defendant, having been served with the Complaint herein and having waived the 22 entry of findings of fact and conclusions of law pursuant to Rule 52 of the Federal Rules 23 of Civil Procedure, and without admitting any of the allegations of the Complaint, and 24 without trial, argument or adjudication of any issue of fact or law, having consented to 25 the entry of this Final Judgment of Permanent Injunction (the “Final Judgment”) 26 permanently restraining and enjoining Defendant from violating the Trademark Act of 27 1946 as amended, 15 U.S.C. § 1125 et seq. (the “Lanham Act”), and the laws of the 28 HOWREY LLP DM_US:22873230_1 Dockets.Justia.com 1 State of California, and it further appearing that this Court has jurisdiction over 2 Defendant and the subject matter hereof, and the Court being fully advised in the 3 premises; 4 IT IS HEREBY ORDERED, ADJUDGED AND DECREED that Defendant, his 5 agents, servants, employees, attorneys-in-fact, and all those persons in active concert or 6 participation with any of them who receive actual notice of this Final Judgment by 7 personal service or otherwise, and each of them, be and hereby are: 8 a) 9 permanently enjoined from: 1) displaying BMW’s Roundel logo in connection with 10 Defendant’s business, including but not limited to any display on 11 Defendant’s building or on Defendant’s website or in any other 12 advertisement; 13 2) 14 Defendant’s building or anywhere else in connection with 15 Defendant’s business; 16 3) 17 connection with Defendant’s business; and 18 4) 19 BMW’s Roundel logo or “BMW” word mark, or any other mark or 20 designation of BMW or its affiliates, including but not limited to use 21 of these marks on business signs, display windows, telephone 22 directory advertisements, web sites, marketing materials, stationery 23 and business cards. 24 b) displaying the “BMW” word mark in a standalone fashion on making any other trademark use of the “BMW” word mark in using any other name or mark that is similar to indicating or suggesting in any manner that Defendant’s business is 25 or was somehow sponsored by or affiliated with BMW, or otherwise passing off, 26 promoting or selling any product or service as a product or service authorized by 27 or under the supervision or control of BMW. 28 -2- HOWREY LLP DM_US:22873230_1 1 IT IS FURTHER ORDERED, ADJUDGED AND DECREED that Defendant, his 2 agents, servants, employees, attorneys-in-fact, and all those persons in active concert or 3 participation with any of them who receive actual notice of the Final Judgment by 4 personal service or otherwise, and each of them, be and hereby are permanently 5 enjoined and restrained from violating Cal. Bus. & Prof. Code § 17200 et seq. or the 6 common law of California by committing any act of trademark infringement or unfair 7 competition with respect to BMW’s Roundel logo or “BMW” mark; 8 IT IS FURTHER ORDERED that this Court shall retain jurisdiction of this matter 9 for the purpose of enforcing the terms of this Final Judgment. The parties acknowledge 10 that a breach of this Final Judgment by Defendant or his agents would result in 11 immediate and irreparable injury to BMW, that it would be difficult or impossible to 12 establish the full monetary value of such damage, and that BMW would be entitled to 13 immediate injunctive relief to enforce this consent judgment and to reimbursement of its 14 reasonable attorney’s fees and costs arising from enforcement of such a breach. 15 16 17 The Clerk of this Court is hereby directed to enter this Final Judgment forthwith. 18 19 IT IS SO ORDERED. 20 21 Dated: November 13, 2009 22 Judge Stephen V. Wilson 23 United States District Judge 24 25 26 27 28 -3- HOWREY LLP DM_US:22873230_1
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