Volkswagen Group of America, Inc. v. BK-Motorsport Inc., No. 8:2019cv01627 - Document 28 (C.D. Cal. 2019)
Court Description: FINAL JUDGMENT AND PERMANENT INJUNCTION filed by Judge David O. Carter. Based upon the parties Stipulation and Settlement, all claims asserted by Plaintiff against Defendant in this action are hereby DISMISSED with prejudice. SEE DOCUMENT FOR FURTHER INFORMATION. (MD JS-6. Case Terminated) (twdb)
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Volkswagen Group of America, Inc. v. BK-Motorsport Inc. Doc. 28 1 2 3 4 JS-6 5 6 7 8 9 10 UNITED STATES DISTRICT COURT 11 CENTRAL DISTRICT OF CALIFORNIA 12 13 VOLKSWAGEN GROUP OF AMERICA, INC., a New Jersey 14 corporation Plaintiff, 15 16 v. 17 BK-MOTORSPORT INC., a California 18 corporation, 19 Defendant. 20 ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. 8:19-cv-01627-DOC-DFM FINAL JUDGMENT AND PERMANENT INJUNCTION 21 The Court, having reviewed the Stipulated Final Judgment and Permanent 22 Injunction regarding the BK-MOTORSPORT INC., Defendant, and GOOD CAUSE 23 APPEARING, it is ORDERED that: PERMANENT INJUNCTION 24 25 1. Defendant and its owners, shareholders, officers, directors, employees, 26 agents, successors, and all persons acting in concert or in participation with any of 27 them are hereby permanently enjoined from: 28 final judgment proposed.ord.docx [Proposed] Final Judgment and Permanent Injunction Dockets.Justia.com 1 (a) imitating, copying, or making any unauthorized use of 2 any of the Audi and VW Marks, counterfeits thereof, or any 3 confusingly similar variations thereof on any products, and in 4 particular (1) a front automotive grille that bears the Audi Rings, 5 Quattro, and RS 3 front automotive grille compatible with the Audi 6 A3, S3, and 8v5; (2) a front automotive grille in the shape of the Audi 7 Grille Design compatible with the Audi A6, S6, and C7; and (3) a 8 front automotive grille that bears the VW logo and RS logo 9 compatible with the Volkswagen Golf 7, other goods, signage, 10 advertisements, business premises, uniforms, services, videos, 11 promotional literature, promotional telecasts, broadcasts, packaging, 12 or within any Internet domain names, or on any websites; 13 (b) importing, manufacturing, producing, distributing, 14 circulating, selling, offering for sale, advertising, promoting or 15 displaying any product or good bearing counterfeits of the Audi and 16 VW Marks or any confusingly similar variations thereof, including 17 but not limited to, importing, manufacturing, advertising or selling 18 non-genuine parts and accessories for Audi and VW vehicles, such as 19 for example grilles or other aftermarket goods, that bear counterfeits 20 or confusingly similar variations of the Audi and VW Marks; 21 (c) using any simulation, reproduction, counterfeit, copy 22 or confusingly similar variation of the Audi and VW Marks or trade 23 dress in connection with the promotion, advertisement, display, sale, 24 offering for sale, manufacture, production, circulation or distribution 25 of any service or product including but not limited to advertising non- 26 genuine goods or services using the Audi and VW Marks in a 27 confusing manner; 28 final judgment proposed.ord.docx 2. [Proposed] Final Judgment and Permanent Injunction (d) using any false designation of origin or false 1 2 description, including without limitation, any letters or symbols 3 constituting the Audi and VW Marks or trade dress, or performing 4 any act, which can, or is likely to lead members of the trade or public 5 to believe that Defendant and/or any service or product 6 manufactured, distributed or sold by Defendant is in any manner 7 associated or connected with Audi and VW, or is sold, manufactured, 8 licensed, sponsored, approved or authorized by Audi and/or VW by 9 using advertising language that is likely to confuse consumers 10 regarding the source of those aftermarket goods; and 11 (e) instructing, assisting, aiding or abetting any other 12 person or business entity in engaging in or performing any of the 13 activities referred to in subparagraphs (a) through (d) above. 14 2. Defendant is further ordered to deliver to Audi and VW and their 15 counsel for destruction, or destroy at its own expense, all products, labels, tags, signs, 16 prints, packages, videos, and advertisements in their possession or under their control, 17 bearing or using any or all of the counterfeit Audi and VW Marks or any confusingly 18 similar variation thereof, and all plates, molds, matrices and other means of making the 19 same, pursuant to 15 U.S.C. § 1118. 20 3. Defendant is further ordered to file with the Court and serve upon 21 Audi’s and VW’s counsel within thirty (30) days after entry of this judgment, a report 22 in writing under oath, setting forth in detail the manner and form in which Defendant 23 has complied with the above. 24 4. Defendant is further ordered to permit Audi and VW, counsel for Audi 25 and VW, and/or auditors for Audi and VW to inspect Defendant’s premises for a 26 period of twelve months after entry of this judgment to assess Defendant’s compliance 27 with this Permanent Injunction. 28 final judgment proposed.ord.docx 3. [Proposed] Final Judgment and Permanent Injunction 1 2 PARTIES’ SETTLEMENT AGREEMENT Plaintiff and Defendant have entered into a Settlement Agreement for the 3 resolution of the claims asserted in this matter. The Court retain jurisdiction to enforce 4 the terms of said Settlement Agreement. DISMISSAL OF CLAIMS 5 6 Based upon the parties’ Stipulation and Settlement, all claims asserted by 7 Plaintiff against Defendant in this action are hereby DISMISSED with prejudice. 8 However, the Court retains and shall have continuing jurisdiction to enforce the terms 9 of this Final Judgment and Permanent Injunction as well as the Settlement Agreement 10 described above, but the clerk will close the case for administrative purposes. 11 12 SO ORDERED AND ADJUDGED. 13 DATED: December 18, 2019 14 15 David O. Carter UNITED STATES DISTRICT JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28 final judgment proposed.ord.docx 4. [Proposed] Final Judgment and Permanent Injunction
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