BMW of North America, LLC et al v. Starlight HQ LLC et al, No. 2:2020cv03854 - Document 35 (C.D. Cal. 2020)
Court Description: FINAL JUDGMENT AGAINSTDEFENDANTS STARLIGHT HQ,LLC AND MAURICE A. CURTIS by Judge Virginia A. Phillips. IT IS HEREBY ORDERED, ADJUDGED AND DECREED that Plaintiffs BMW of North America, LLC and Bayerische Motoren Werke AG are hereby awarded final judgment on their claims for relief for Trademark Infringement & Counterfeiting. Pursuant to 15 United States Code (U.S.C.) § 1117, Plaintiffs are hereby awarded final judgment on their claims for relief against Defendants, jointly and severally, in the sum of $29,070.51, plus prejudgment interest. (See document for further details) (MD JS-6, Case Terminated). (yl)
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BMW of North America, LLC et al v. Starlight HQ LLC et al Doc. 35 JS-6 1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 CENTRAL DISTRICT OF CALIFORNIA 9 WESTERN DIVISION 10 11 BMW OF NORTH AMERICA, LLC, et al., 12 Plaintiffs, 13 14 15 16 v. STARLIGHT HQ, LLC, et al., Case No.: 2:20-cv-03854 VAP (JEMx) FINAL JUDGMENT AGAINST DEFENDANTS STARLIGHT HQ, LLC AND MAURICE A. CURTIS Judge: Hon. Virginia A. Phillips Defendants. 17 18 19 20 21 IT IS HEREBY ORDERED, ADJUDGED AND DECREED that Plaintiffs 22 BMW of North America, LLC and Bayerische Motoren Werke AG (collectively 23 “Plaintiffs”) are hereby awarded final judgment on their claims for relief for 24 Trademark Infringement & Counterfeiting [15 U.S.C. § 1114], False Designation 25 of Origin/Unfair Competition [15 U.S.C. § 1125(a)], and Unfair Business Practices 26 27 28 [Cal. Bus. & Prof. Code § 17200] as set forth in the Complaint for Damages filed against Defendants Starlight HQ, LLC and Maurice A. Curtis (collectively -1FINAL JUDGMENT Dockets.Justia.com 1 “Defendants”), jointly and severally, as the prevailing parties in this action under 2 Rule 55(b)(2) of the Federal Rules of Civil Procedure (“Fed. R. Civ. P.”) as 3 follows: 4 I. Pursuant to 15 United States Code (“U.S.C.”) § 1117, Plaintiffs are 5 hereby awarded final judgment on their claims for relief against Defendants, 6 jointly and severally, in the sum of $29,070.51, plus prejudgment interest. 7 8 9 II. Plaintiffs are further awarded reasonable attorneys’ fees in the amount of $2,344.23. III. Furthermore, Defendants are permanently enjoined and restrained 10 pursuant to 15 U.S.C. § 1116(a) from engaging in, directly or indirectly, or 11 authorizing or assisting any third party to engage in, any of the following activities 12 in the United States and throughout the world: 1) 13 copying, manufacturing, importing, exporting, marketing, 14 selling, offering for sale, distributing or dealing in any product or service that uses, 15 or otherwise making any use of, any of Plaintiffs’ BMW® and BMW M® 16 trademarks, and/or any intellectual property that is confusingly or substantially 17 similar to, or that constitutes a colorable imitation of, any of Plaintiffs’ BMW and 18 BMW M trademarks, whether such use is as, on, in or in connection with any 19 trademark, service mark, trade name, logo, design, Internet use, website, domain 20 name, metatags, advertising, promotions, solicitations, commercial exploitation, 21 television, web-based or any other program, or any product or service, or 22 otherwise; 23 IV. Furthermore, Defendants are ordered to deliver immediately to 24 Plaintiffs for destruction all automobile floormats bearing counterfeit BMW and 25 BMW M marks and any materials relating thereto that remain in their possession 26 or under their control bearing any of Plaintiffs’ intellectual property or any 27 simulation, reproduction, counterfeit, copy or colorable imitations thereof, to the 28 extent that any of these items are in Defendants’ possession. Defendants are -2FINAL JUDGMENT 1 ordered to deliver such goods within 60 days of this judgment. Failure to comply 2 may result in sanctions. 3 4 5 IT IS SO ORDERED, ADJUDICATED and DECREED this 12th day of November, 2020. 6 7 8 9 ___________________________________ HON. VIRGINIA A. PHILLIPS United States District Judge Central District of California 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -3FINAL JUDGMENT
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