Volkswagen Group of America, Inc. v. Varona et al, No. 1:2019cv24838 - Document 129 (S.D. Fla. 2022)

Court Description: FINAL JUDGMENT in favor of Plaintiffs Audi AG and Volkswagen Group of America, Inc. against Defendants Verotec Wheels, Inc. and Andy Varona. All pending motions are denied as moot. The Clerk is directed to close the case. Signed by Magistrate Judge Jonathan Goodman on 5/13/2022. See attached document for full details. (dw00)

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA MIAMI DIVISION [CONSENT CASE] VOLKSWAGEN GROUP OF AMERICA, INC., and AUDI AG, Plaintiffs, v. Civil Action No. 1:19-cv-24838-JG ANDY VARONA, et al., Defendants. FINAL JUDGMENT The Parties have advised the Court that they consent to the entry of this Final Judgment. Pursuant to the Findings of Fact and Conclusions of Law previously entered [ECF No. 103], the Court hereby enters a Final Judgment in favor of Plaintiffs Volkswagen Group of America, Inc. and Audi AG (collectively, “Plaintiffs”) on all Counts stated in their Verified Amended Complaint against Defendants Andy Varona and Verotec Wheels, Inc. (collectively, “Defendants”) as follows: 1. The Court finds Defendants liable for $609,227.10 in statutory damages for trademark infringement and counterfeiting pursuant to 15 U.S.C. § 1117(c)(2). 2. The Court finds Defendants liable for $40,615.14 in damages for infringement of Audi’s U.S. Design Patent No. D721,028 S pursuant to 35 U.S.C. § 289. 3. The Court finds that this is an exceptional case, as provided by 15 U.S.C. § 1117(a), and, as such, Defendants are liable for Plaintiffs’ reasonable attorney’s fees and costs in the amount of $506,692.00. 4. Judgment is therefore entered against Defendants and in favor of Plaintiffs in the total amount of $1,156,534.24, which shall accumulate interest from the date hereof at 4.25% per annum. 5. Defendants are enjoined from the unauthorized use of any products, packaging, or advertising of the Audi Rings, and any other Audi Trademarks; and from the unauthorized use of any Audi word mark. Defendants are also enjoined from making, using, selling, offering to sell or importing products that infringe the claimed design of U.S. Design Patent No. D721,028 S. DONE and ORDERED in Chambers, at Miami, Florida, on May 13, 2022. Copies furnished to: All counsel of record

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