BMW of North America LLC et al v. Autotec Import et al
Filing
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PERMANENT INJUNCTION filed by Judge Jesus G. Bernal against defendant King Ting Yau: (see document image for further details). IT IS SO ORDERED, ADJUDICATED and DECREED (ad)
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UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
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BMW OF NORTH AMERICA, LLC, a
Delaware limited liability company, and
BAYERISCHE MOTOREN WERKE
AG, a German corporation,
Plaintiffs,
Case No.: EDCV13-823-JGB (SPx)
PERMANENT INJUNCTION
AGAINST DEFENDANT KING
TING YAU
v.
AUTOTEC IMPORT, a California
Corporation; BLUE DREAMS AUTO,
INC., a California Corporation; CHRIS
CHENG, SR., aka Chao Chun Cheng, Sr.
aka Chow Cheng Sr., an Individual; WEI
MIN CHOU, an Individual; LAURA LEGIA CHUNG, an Individual; MAGGIE
CHEN FEI HSU, an Individual; JL
CONCEPTS, INC., a California
Corporation; KWAN YIN LEI, an
Individual; BREWIN LUN LIU, an
Individual; MOTION DEPO, INC., a
California Corporation; MIKE SIU, an
Individual; WAI KIN TANG, an
Individual; MIN HAN TSAI aka
Raymond Tsai, an Individual;
YONGTAO WANG, an Individual; KEN
SHAO XU, an Individual; KING TING
YAU, an Individual; ZOKU RACING, a
Business Entity of Unknown Status, and
DOES 1-10, Inclusive,
Defendants.
-1PERMANENT INJUNCTION
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The Court, pursuant to the Stipulation for Permanent Injunction
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(“Stipulation”), and separate Confidential Settlement Agreement between
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Plaintiffs
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BAYERISCHE
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“Plaintiffs”), and Defendant KING TING YAU (“Defendant”), hereby ORDERS,
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ADJUDICATES and DECREES that a permanent injunction shall be and hereby
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is entered against Defendant in the above-referenced matter as follows:
1.
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BMW
OF
NORTH
MOTOREN
AMERICA,
WERKE
AG
LLC
(“BMW
(“BMW
AG”)
NA”),
and
(collectively
PERMANENT INJUNCTION. Defendant and any person or entity
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acting in concert with, or at the direction of Defendant, including any and all
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agents, servants, employees, partners, assignees, distributors, suppliers, resellers
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and any others over which Defendant may exercise control, are hereby restrained
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and enjoined, pursuant to 15 U.S.C. §1116, from engaging in, directly or indirectly,
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or authorizing or assisting any third party to engage in, any of the following
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activities in the United States and throughout the world:
a.
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copying, manufacturing, importing, exporting, marketing,
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selling, offering for sale, distributing or dealing in any product or service that
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uses, or otherwise making any use of, any of Plaintiffs’ trademarks, including but
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not limited to, the trademarks with the United States Patent and Trademark Office
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Registration Numbers referenced in Exhibits “A” – “Q” of the Complaint filed by
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Plaintiffs’ in this action, and/or any intellectual property that is confusingly or
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substantially similar to, or that constitutes a colorable imitation of, any of
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Plaintiffs’ trademarks, whether such use is as, on, in or in connection with any
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trademark, service mark, trade name, logo, design, Internet use, website, domain
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name, metatags, advertising, promotions, solicitations, commercial exploitation,
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television, web-based or any other program, or any product or service, or
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otherwise;
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///
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-2PERMANENT INJUNCTION
b.
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performing or allowing others employed by, under control of,
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or representing Defendant, or under his control, to perform any act or thing which
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is likely to injure Plaintiffs, any of Plaintiffs’ trademarks, including but not limited
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to the trademarks with the United States Patent and Trademark Office Registration
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Numbers referenced in Exhibits “A” – “Q” of the Complaint filed by Plaintiffs’ in
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this action.
c.
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engaging in any acts of federal and/or state trademark
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infringement, false designation of origin, unfair competition, dilution, or other act
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which would tend damage or injure Plaintiffs; and/or
d.
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using any Internet domain name or website that includes any of
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Plaintiffs’ trademarks including but not limited to the trademarks with the United
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States Patent and Trademark Office Registration Numbers referenced in Exhibits
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“A” – “Q” of the Complaint filed by Plaintiffs’ in this action.
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2.
Defendant is ordered to deliver immediately for destruction all
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allegedly unauthorized products, including counterfeit BMW® or M®-branded
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products, labels, signs, prints, packages, wrappers, receptacles and advertisements
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relating thereto in his possession or under his control bearing any of Plaintiffs’
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intellectual property or any simulation, reproduction, counterfeit, copy or
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colorable imitations thereof, and all plates, molds, heat transfers, screens, matrices
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and other means of making the same, to the extent that any of these items are in
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Defendant’s possession.
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3.
This Permanent Injunction shall be deemed to have been served upon
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Defendant at the time of its execution by the Court, and the case shall be
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dismissed as to Defendant upon entry of this Permanent Injunction.
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4.
The Court finds there is no just reason for delay in entering this
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Permanent Injunction, and, pursuant to Rule 54(a) of the Federal Rules of Civil
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Procedure, the Court directs immediate entry of this Permanent Injunction against
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Defendant.
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5.
Defendant will be making an agreed-upon payment to Plaintiffs, as
more particularly described in a separate Confidential Settlement Agreement.
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NO APPEALS AND CONTINUING JURISDICTION.
No
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appeals shall be taken from this Permanent Injunction, and the parties waive all
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rights to appeal. This Court expressly retains jurisdiction over this matter to
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enforce any violation of the terms of this Permanent Injunction.
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7.
NO FEES AND COSTS. Each party shall bear their own attorneys’
fees and costs incurred in this matter.
IT IS SO ORDERED, ADJUDICATED and DECREED this 6th day of
August, 2013.
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_________________________________
Honorable Jesus G. Bernal
District Court Judge of the United States
District Court for the Central District of
California
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