BMW of North America, LLC et al v. Moovit Inc et al, No. 2:2015cv06157 - Document 77 (C.D. Cal. 2016)

Court Description: FINAL JUDGMENT, INCLUDING PERMANENT INJUNCTION, AGAINST DEFENDANTS MOOVIT INC., AND JOHNATHAN CHONG-HAU GRINGRAS AKA JOHNNY GINGRAS ONLY by Judge John A. Kronstadt, in favor of BMW of North America, LLC, Bayerische Motoren Werke AG against Moovit Inc, Johnathan Chong-Hau Gingras in the principal amount of $75,000, interest in the amount of $0.00, attorneys fees of $4,600, costs of $0.00 for a total judgment of $80,327.82. See Judgment for Specifics. (bp)

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BMW of North America, LLC et al v. Moovit Inc et al Doc. 77 1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 CENTRAL DISTRICT OF CALIFORNIA 8 9 10 11 12 13 BMW OF NORTH AMERICA, LLC, a Delaware Limited Liability Company; BAYERISCHE MOTOREN WERKE AG, a German Corporation; and ROLLSROYCE MOTOR CARS LIMITED, a United Kingdom Corporation, Plaintiffs, v. 14 15 16 17 18 19 20 21 Case No.: 2:15-cv-06157 JAK (MRWx) MOOVIT INC., a California Corporation; JOHNATHAN CHONGHAU GINGRAS a/k/a JOHNNY GINGRAS, an Individual; CARY KUO, an Individual; WILLIAM HO, an Individual; YUE X. LO, an Individual; ENOCH WONG, an Individual; KA KWAN LO SZE, an Individual; YUEN LO, an Individual; HUNG LO, an Individual; XIAO YUE LIANG, an Individual; and DOES 1-10, inclusive, FINAL JUDGMENT, INCLUDING PERMANENT INJUNCTION, AGAINST DEFENDANTS MOOVIT INC. AND JOHNATHAN CHONG-HAU GINGRAS A/K/A JOHNNY GINGRAS ONLY JS-6: Defendants Moovit, Inc. and Johnathan Chong-Hau Gringras Only Defendants. 22 23 24 Plaintiffs BMW OF NORTH AMERICA, LLC (“BMW NA”), 25 BAYERISCHE MOTOREN WERKE AG (“BMW AG”), and ROLLS-ROYCE 26 MOTOR CARS LIMITED (“RRMC”) (collectively “Plaintiffs”), are hereby 27 awarded final judgment on their claims for relief against Defendants MOOVIT 28 INC. (“Moovit”) and JOHNATHAN CHONG-HAU GINGRAS a/k/a JOHNNY -1FINAL JUDGMENT Dockets.Justia.com 1 GINGRAS (“Gingras”) (collectively “Defendants”), as set forth in Plaintiffs’ 2 First Amended Complaint (“Complaint”) as the prevailing parties in this action. 3 IT IS HEREBY ORDERED that Defendants are entitled to an award of 4 damages in the sum of $75,000 (15 U.S.C. §1117 (c)(2)) pursuant to Rule 55(b) 5 of the Federal Rules of Civil Procedure and under Local Rule 55-1. Under Local 6 Rule 55-3, Plaintiffs are awarded attorneys’ fees of $4600. Pursuant to 15 U.S.C. 7 §1117(a), Plaintiffs are entitled to judgment against said Defendants for recovery 8 of total costs Plaintiffs have incurred in this action due to Defendants’ violation 9 of 15 U.S.C. §1125(a), and willful violation of 15 U.S.C. §1125(c) in the amount 10 of $727.82. Thus, Defendants will be jointly and severally liable for the total 11 judgment amount for this action of $80,327.82. Plaintiffs are further awarded 12 any interest accrued from the date of entry of this judgment until full satisfaction 13 thereof. 14 Furthermore, IT IS HEREBY ORDERED, that Defendants and their agents, 15 employees, officers, directors, owners, attorneys, representatives, successor 16 companies, related companies, and all persons acting in concert or participation 17 with Defendants, and each of them, shall be permanently restrained from: 18 a. The import, export, making, manufacture, reproduction, assembly, 19 use, acquisition, purchase, offer, sale, transfer, brokerage, consignment, 20 distribution, shipment, licensing, development, display, delivery, marketing, 21 advertising or promotion of counterfeit products bearing the BMW®-family of 22 related trademarks (“Plaintiffs’ Trademarks”) identified in the Complaint and all 23 supporting documents and any other unauthorized BMW®-branded products, or 24 products bearing Plaintiffs’ Trademarks (including any non-genuine reproduction, 25 counterfeit, copy or colorable imitation thereof). 26 b. The import, export, making, manufacture, reproduction, assembly, 27 use, acquisition, purchase, offer, sale, transfer, brokerage, consignment, 28 distribution, shipment, licensing, development, display, delivery, marketing, -2FINAL JUDGMENT 1 advertising or promotion of the infringing and diluting product identified in the 2 Complaint and any other product which infringes or dilutes any Plaintiffs’ 3 Trademarks, trade name and/or trade dress including, but not limited to, any of 4 Plaintiffs’ Trademarks at issue in this action. 5 c. The unauthorized use, in any manner whatsoever, of any Plaintiffs’ 6 Trademarks, trade name and/or trade dress including, but not limited to, the 7 Plaintiffs’ Trademarks at issue in this action, any variants, colorable imitations, 8 translations and/or simulations thereof and/or any items that are confusingly 9 similar thereto, including specifically: 10 i. on or in conjunction with any product or service; and 11 ii. on or in conjunction with any advertising, promotional materials, labels, hangtags, packaging, or containers. 12 13 d. The use of any trademark, trade name, or trade dress that falsely 14 represents, or is likely to confuse, mislead or deceive purchasers, customers, or 15 members of the public to believe that unauthorized product imported, exported, 16 manufactured, reproduced, distributed, assembled, acquired, purchased, offered, 17 sold, transferred, brokered, consigned, distributed, stored, shipped, marketed, 18 advertised and/or promoted by Defendants originate from Plaintiffs, or that said 19 merchandise has been sponsored, approved, licensed by, or associated with 20 Plaintiffs or is, in some way, connected or affiliated with Plaintiffs. 21 e. Engaging in any conduct that falsely represents that, or is likely to 22 confuse, mislead, or deceive purchasers, customers, or members of the public to 23 believe that Defendants are connected with, or is in some way sponsored by or 24 affiliated with Plaintiffs, purchases product from or otherwise has a business 25 relationship with Plaintiffs. 26 f. Affixing, applying, annexing, or using in connection with the 27 manufacture, distribution, advertising, sale, and/or offering for sale or other use of 28 any goods, a false description or representation, including words or symbols, -3FINAL JUDGMENT 1 2 tending to falsely describe or represent such goods as being those of Plaintiffs. g. Hiding, disposing of, destroying, moving, relocating or transferring 3 any and all products, advertising, promotional materials, labels, hangtags, 4 packaging or containers bearing any of Plaintiffs’ Trademarks; and/or 5 h. Disposing of, destroying, moving, relocating or transferring any 6 documents or things, including electronic records, pertaining to the purchase, 7 procurement, development, making, manufacture, use, display, advertisement, 8 marketing, licensing, sale, offer for sale, distribution, shipping, or delivery of any 9 products or services bearing any Plaintiffs’ Trademarks or which otherwise refer 10 11 12 to or relate to Plaintiffs or any of Plaintiffs’ Trademarks. IT IS SO ORDERED, ADJUDICATED and DECREED this 14th day of June, 2016. 13 14 15 _______________________________ HON. JOHN A. KRONSTADT United States District Judge 16 17 18 19 20 21 22 23 24 25 26 27 28 -4FINAL JUDGMENT

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