BMW of North America LLC et al v. Dennis Nguyen et al, No. 8:2013cv00400 - Document 16 (C.D. Cal. 2013)
Court Description: FINAL JUDGMENT, INCLUDING PERMANENT INJUNCTION by Judge Cormac J. Carney, in favor of BMW of North America LLC, Bayerische Motoren Werke AG against Dennis Nguyen dba Drift-Gear.Com. (MD JS-6, Case Terminated). (twdb)
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BMW of North America LLC et al v. Dennis Nguyen et al Doc. 16 1 JS-6 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 CENTRAL DISTRICT OF CALIFORNIA 9 SOUTHERN DIVISION 10 11 12 13 14 15 16 17 18 19 ) ) BMW OF NORTH AMERICA, LLC, ) and BAYERISCHE MORTEN ) ) WERKE AG, ) ) Plaintiffs, ) ) vs. ) ) ) DENNIS NGUYEN, an Individual ) doing business as DRIFT) GEAR.COM, ) ) Defendant. ) ) Case No.: SACV 13-00400-CJC(MLGx) FINAL JUDGMENT, INCLUDING PERMANENT INJUNCTION, AGAINST DEFENDANT DENNIS NGUYEN D/B/A DRIFT-GEAR.COM 20 21 22 IT IS HEREBY ORDERED, ADJUDICATED, AND DECREED: Plaintiffs BMW OF NORTH AMERICA, LLC and BAYERISCHE 23 MOTOREN WERKE AG (“Plaintiffs”), are hereby awarded final judgment on their 24 claims for relief against Defendant DENNIS NGUYEN d/b/a DRIFT-GEAR.COM 25 (“Defendant”) as set forth in Plaintiffs’ Complaint as the prevailing parties in this action 26 in the sum of $200,000.00 pursuant to Federal Rule of Civil Procedure 55(b) and Local 27 Rule 55-1. Under Local Rule 55-3, Plaintiffs are awarded attorneys’ fees of $5,600.00. 28 Pursuant to 15 U.S.C. § 1117(a), Plaintiffs are entitled to judgment against Defendant -1- Dockets.Justia.com 1 for recovery of total costs Plaintiffs have incurred in this action due to Defendant’s 2 violation of 15 U.S.C. §1125(a), and willful violation of 15 U.S.C. §1125(c) in the 3 amount of $695.09. 4 Furthermore, IT IS HEREBY ORDERED that Defendant and his agents, 5 employees, officers, directors, owners, attorneys, representatives, successor companies, 6 related companies, and all persons acting in concert or participation with him, and each of 7 them, shall be permanently restrained from: 8 9 a. The import, export, making, manufacture, reproduction, assembly, use, acquisition, purchase, offer, sale, transfer, brokerage, consignment, distribution, 10 shipment, licensing, development, display, delivery, marketing, advertising, or promotion 11 of the counterfeit BMW-branded products identified in the Complaint and any other 12 unauthorized BMW-branded product, or products, bearing Plaintiffs’ trademarks 13 (including any non-genuine reproduction, counterfeit, copy or colorable imitation 14 thereof). 15 b. The import, export, making, manufacture, reproduction, assembly, use, 16 acquisition, purchase, offer, sale, transfer, brokerage, consignment, distribution, 17 shipment, licensing, development, display, delivery, marketing, advertising, or promotion 18 of the infringing and diluting product identified in the Complaint and any other product 19 which infringes or dilutes any of Plaintiffs’ trademarks, trade name, and/or trade dress 20 including, but not limited to, any of Plaintiffs’ trademarks at issue in this action. 21 c. The unauthorized use, in any manner whatsoever, of any of Plaintiffs’ 22 trademarks, trade name and/or trade dress including, but not limited to, the Plaintiffs’ 23 trademarks at issue in this action, any variants, colorable imitations, translations, and/or 24 simulations thereof and/or any items that are confusingly similar thereto, including 25 specifically: 26 i. on or in conjunction with any product or service; and 27 ii. on or in conjunction with any advertising, promotional 28 materials, labels, hangtags, packaging, or containers. -2- 1 d. The use of any trademark, trade name, or trade dress that falsely represents, 2 or is likely to confuse, mislead or deceive purchasers, customers, or members of the 3 public to believe that an unauthorized product imported, exported, manufactured, 4 reproduced, distributed, assembled, acquired, purchased, offered, sold, transferred, 5 brokered, consigned, distributed, stored, shipped, marketed, advertised and/or promoted 6 by Defendant originates from Plaintiffs, or that said merchandise has been sponsored, 7 approved, licensed by, or associated with Plaintiffs or is, in some way, connected or 8 affiliated with Plaintiffs. 9 e. Engaging in any conduct that falsely represents that, or is likely to confuse, 10 mislead, or deceive purchasers, customers, or members of the public to believe that 11 Defendant is connected with, or is in some way sponsored by or affiliated with Plaintiffs, 12 purchases products from or otherwise has a business relationship with Plaintiffs. 13 f. Affixing, applying, annexing, or using in connection with the manufacture, 14 distribution, advertising, sale, and/or offering for sale or other use of any goods, a false 15 description or representation, including words or symbols, tending to falsely describe or 16 represent such goods as being those of Plaintiffs. 17 IT IS SO ORDERED, ADJUDICATED, and DECREED. 18 19 20 21 DATED: August 15, 2013 __________________________________ CORMAC J. CARNEY 22 23 UNITED STATES DISTRICT JUDGE 24 25 26 27 28 -3-
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