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BMW of North America, LLC v. Eurotech Wheels

July 25, 2008

BMW OF NORTH AMERICA, LLC, ET AL., PLAINTIFFS,
v.
EUROTECH WHEELS, LLC, ET AL., DEFENDANTS.



The opinion of the court was delivered by: Hon. Jeffrey T. Miller United States District Judge

ORDER GRANTING JOINT MOTION FOR ENTRY OF AND ENTERING CONSENT PERMANENT INJUNCTION AS TO DEFENDANTS RYAN MOALEMI AND JOSHUA MOALEMI

The parties filed a joint motion for entry of consent permanent injunction as to Defendants Ryan Moalemi and Joshua Moalemi. (Doc. no. 28.) Pursuant to the joint motion and for good cause shown, the court hereby GRANTS the joint motion and issues the following ORDER:

This matter having been opened to the Court upon the Complaint of Plaintiffs BMW of North America, LLC and Bayerische Motoren Werke AG (collectively, "BMW") against Defendants Eurotech Wheels, LLC, Eurotech Rims, LLC, Ryan Moalemi and Joshua Moalemi (collectively, "Eurotech") alleging trademark infringement under the Federal Trademark Act (the "Lanham Act"), 15 U.S.C. § 1114 and the common law of California; unfair competition and false designation of origin under 15 U.S.C. § 1125(a) and under the common law of California; trademark counterfeiting under 15 U.S.C. § 1114(1); unfair competition under Cal. Bus. & Profs. Code § 17200 et seq.; and, as to the corporate defendants, design patent infringement under 35 U.S.C. §271; Ryan and Joshua Moalemi,

a) having allegedly advertised and sold wheels in violation of BMW's trademark and design patent rights;

b) having represented and warranted that Eurotech Wheels, LLC's only warehouses for wheels that fit BMWs are three located at 6350 Nancy Ridge Road, Suite #104, San Diego, CA 92121, and that it has no parent, subsidiary, or affiliated businesses of any kind that are involved in wheels for BMWs;

c) having represented and warranted that each of them has no challenged wheel designs in his personal possession, custody or control; that the only other business(es) involving wheels for BMW in which either of them is involved is Eurotech Wheels, LLC; and that no other business, person or entity with which either of these individuals has any involvement (except Eurotech Wheels LLC, which is a party to the contemporaneous Consent Judgment) has any challenged wheel designs or any wheels for BMWs in its possession, custody or control;

d) having represented and warranted that the defendants' total sales of challenged wheel designs and profit thereon are $20,000 and $10,000, respectively; and that their total sales of wheel bearing BMW's Roundel or M-stripes logo and profit thereon are $20,000 and $10,000, respectively;

e) without admitting any liability, and expressly denying same, solely to avoid the expense and distraction of protracted litigation, and wishing to settle their dispute with BMW amicably; and

f) California residents residing at 777 6th Ave., San Diego, CA 92101 and 6364 El Sicomoro, Rancho Santa Fe, CA 92067, respectively; and having acknowledged the jurisdiction of this Court over them and the subject matter hereof;

With the consent of BMW and Ryan and Joshua Moalemi, and for good cause, IT IS DECLARED AND HEREBY ADJUDGED that:

This Court has jurisdiction over the subject matter hereof;

BMW has extensively used and advertised its "Roundel" logo, M-Stripes logo and "BMW" word mark in connection with its business of designing, manufacturing, distributing, offering for sale and selling motor vehicles, wheels and other goods and services;

BMW is the exclusive owner of valid and subsisting federal trademark registrations, including incontestable trademark registrations for its BMW "Roundel" logo, M-Stripes logo and "BMW" word mark (see Exhibit A hereto), and BMW's Roundel logo and "BMW" word mark are famous; and

BMW AG is the owner of various valid and lawfully issued United States Design Patents for designs of vehicle wheels, including but not limited to U.S. Design Patent Nos. 515,491; 514,999; 504,382; 493,404; 470,093; 532,358; 558,114; 560,585; 528,962; and 449,028 (collectively, the "BMW design patents") ...


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