Robert Bosch GmbH et al v. Deeds Performance et al, No. 2:2014cv08517 - Document 61 (C.D. Cal. 2015)
Court Description: PERMANENT INJUNCTION AND FINAL JUDGMENT AGAINST DEEDS PERFORMANCE AND JOSHUA LEE DEEDS by Judge Beverly Reid O'Connell, it is hereby ordered, adjudged, and decreed that: Judgment is entered for Plaintiffs and against Defendants on all of Plainti ffs' claims. Plaintiffs are awarded damages against Deeds Performance in the amount of $200,000, and judgment is hereby entered against Deeds Performance for this amount. Counsel for Plaintiffs is awarded attorneys' fees against Deeds Performance in the amount of $7,600, and judgment is hereby entered against Deeds Performance for this amount. The attorneys' fees award described in Paragraph 3 above is in addition to the $200,000 award set forth in Paragraph 2 above. Defendants are permanently enjoined and restrained. (MD JS-6, Case Terminated). (jp)
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Robert Bosch GmbH et al v. Deeds Performance et al Doc. 61 JS-6 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 WESTERN DIVISION 11 ROBERT BOSCH GMBH and ROBERT BOSCH LLC, 12 Plaintiffs, 13 14 v. 15 DEEDS PERFORMANCE and JOSHUA LEE DEEDS, 16 CASE NO. 2:14-cv-08517-BRO-AJW PERMANENT INJUNCTION AND FINAL JUDGMENT AGAINST DEEDS PERFORMANCE AND JOSHUA LEE DEEDS HON. BEVERLY REID O’CONNELL Defendants. 17 18 19 Plaintiffs Robert Bosch GmbH and Robert Bosch LLC (“Plaintiffs”) filed 20 their Complaint on November 3, 2014, against Defendants Deeds Performance and 21 Joshua Lee Deeds for counterfeiting, trademark infringement, unfair competition, 22 and false advertising in violation of the Lanham Act, and for unfair competition and 23 false advertising in violation of California law. 24 Based on the findings set forth in this Court’s Order of June 29, 2015, as well 25 as the parties’ subsequent agreement, it is hereby ordered, adjudged, and decreed 26 that: 27 1. Judgment is entered for Plaintiffs and against Defendants on all of 28 Plaintiffs’ claims. -1- 14-cv-08517-BRO-AJW Dockets.Justia.com 1 2. Plaintiffs are awarded damages against Deeds Performance in the 2 amount of two hundred thousand dollars ($200,000), and judgment is hereby entered 3 against Deeds Performance for this amount. 4 3. Counsel for Plaintiffs is awarded attorneys’ fees against Deeds 5 Performance in the amount of seven thousand and six hundred dollars ($7,600), and 6 judgment is hereby entered against Deeds Performance for this amount. 7 4. The attorneys’ fees award described in Paragraph 3 above is in addition 8 to the $200,000 award set forth in Paragraph 2 above. 9 5. Defendants are permanently enjoined and restrained from directly or 10 indirectly infringing the trademarks BOSCH and (collectively, the “BOSCH 11 Marks”) in any manner, and specifically: 12 a. Using the BOSCH Marks, or any marks similar thereto, or any 13 reproduction, counterfeit, copy, or colorable imitation of the 14 BOSCH Marks, in connection with the promotion, marketing, 15 advertising, offering for sale, or sale of non- BOSCH goods or 16 services, i.e., goods or services that are not produced by 17 Plaintiffs, or which do not originate from Plaintiffs. 18 19 20 b. Promoting, marketing, advertising, offering for sale, or selling any counterfeit BOSCH goods. c. Promoting, marketing, advertising, offering for sale, or selling 21 any modified BOSCH goods without proper disclosures advising 22 consumers of such modifications. 23 d. Promoting, marketing, advertising, offering for sale, or selling 24 any modified BOSCH goods while claiming that such products 25 are genuine, unmodified BOSCH goods. 26 e. Importing for resale into the United States, offering for sale in 27 the United States, or selling in the United States any BOSCH 28 product not authorized by Plaintiffs for sale in the United States. 14-cv-08517-BRO-AJW -2- 1 f. Using any mark that is likely to be confused by the public with 2 the BOSCH Marks in connection with the manufacture, 3 promotion, sale or offering for sale of: 4 i. any non-genuine BOSCH products; or 5 ii. any modified BOSCH products without proper disclosures 6 advising consumers of such modifications. 7 g. Using any other trademark, trade name, logo, or design that tends 8 to represent falsely, or that is likely to confuse, mislead, or 9 deceive consumers to believe that any non-genuine BOSCH 10 products or modified BOSCH products are genuine, unmodified 11 BOSCH products, or that said goods have been sponsored, 12 approved, or licensed by Plaintiffs for consumer use. 13 h. Engaging in any conduct that tends falsely to represent that, or is 14 likely to confuse, mislead, or deceive consumers to believe that, 15 Defendants or any non-genuine BOSCH products or any 16 modified BOSCH products are sponsored, approved, or licensed 17 by Plaintiffs for consumer use. 18 i. Affixing, applying, annexing, or using in connection with the 19 promotion, advertising, sale, or offering for sale of any non- 20 genuine BOSCH products or any modified BOSCH products a 21 false description or representation or misleading statement of fact 22 that misrepresents the nature, qualities, characteristics, standard, 23 grade, style, or model of such goods or services, including but 24 not limited to, falsely representing that such products are new, 25 genuine, or non-modified BOSCH products. 26 6. Pursuant to 15 U.S.C. § 1118, unless Defendants have obtained written 27 permission from Plaintiffs by August 28, 2015, Deeds Performance shall at that time 28 -3- 14-cv-08517-BRO-AJW 1 surrender any of the following materials in their possession or under their control to 2 Plaintiffs: 3 a. Any counterfeit or trademark infringing products; 4 b. Any labels, tags, signs, prints, packaging, and advertisements 5 6 therefor; and c. Any molds, matrices, or other means for making the same. 7 8 9 IT IS HEREBY ORDERED 10 Dated: September 28, 2015 11 12 HONORABLE BEVERLY REID O'CONNELL UNITED STATES DISTRICT COURT JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -4- 14-cv-08517-BRO-AJW
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