UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA
March 27, 2013
BMW OF NORTH AMERICA, LLC, A DELAWARE LIMITED LIABILITY COMPANY, AND BAYERISCHE MOTOREN WERKE AG, A GERMAN CORPORATION, PLAINTIFFS,
WEBY, INC., A CALIFORNIA CORPORATION,
SHIH YANG, AN INDIVIDUAL,
MANCHUN LAM, AN INDIVIDUAL, AND DOES 1-10, INCLUSIVE, DEFENDANTS.
The opinion of the court was delivered by: The Honorable Manuel L. Real District Court Judge of the United States District Court for the Central District of California
PERMANENT INJUNCTION AGAINST DEFENDANTS
[PROPOSED] PERMANENT INJUNCTION
The Court, pursuant to the Stipulation for Permanent Injunction ("Stipulation"), and separate Confidential Settlement Agreement between Plaintiffs BMW OF NORTH AMERICA, LLC ("BMW NA"), and BAYERISCHE MOTOREN WERKE AG ("BMW AG")(collectively "Plaintiffs"), and Defendants WEBY, INC., MANCHUN LAM, and SHIH YANG (collectively "Defendants"), hereby ORDERS, ADJUDICATES and DECREES that a permanent injunction shall be and hereby is entered against Defendants in the above-referenced matter as follows:
1. PERMANENT INJUNCTION. Defendants and any person or entity acting in concert with, or at the direction of Defendants, including any and all agents, servants, employees, partners, assignees, distributors, resellers and any others over which they may exercise control, are hereby restrained and enjoined, pursuant to 15 U.S.C. § 1116, from engaging in, directly or indirectly, or authorizing or assisting any third party to engage in, any of the following activities in the United States and throughout the world:
a. copying, manufacturing, importing, exporting, marketing, selling, offering for sale, distributing or dealing in any product or service that uses, or otherwise making any use of, any of Plaintiffs' trademarks, including but not limited to, the trademarks with the United States Patent and Trademark Office Registration Numbers referenced in Exhibits "A" -- "Q" of the Complaint filed by Plaintiffs' in this action, and/or any intellectual property that is confusingly or substantially similar to, or that constitutes a colorable imitation of, any of Plaintiffs'trademarks, whether such use is as, on, in or in connection with any trademark, service mark, trade name, logo, design, Internet use, website, domain name, metatags, advertising, promotions, solicitations, commercial exploitation, television, web-based or any other program, or any product or service, or otherwise;
b. performing or allowing others employed by or representing Defendants, or under their control, to perform any act or thing which is likely to injure Plaintiffs, any of Plaintiffs'trademarks, including but not limited to the trademarks with the United States Patent and Trademark Office Registration Numbers referenced in Exhibits "A" -- "Q" of the Complaint filed by Plaintiffs' in this action.
c. engaging in any acts of federal and/or state trademark infringement, false designation of origin, unfair competition, dilution, or other act which would tend damage or injure Plaintiffs; and/or
d. using any Internet domain name that includes any of Plaintiffs' trademarks including but not limited to the trademarks with the United States Patent and Trademark Office Registration Numbers referenced in Exhibits "A" -- "Q" of the Complaint filed by Plaintiffs' in this action.
2. Defendants are ordered to deliver immediately for destruction all alleged infringing products, including BMW® or M®-branded products, labels, signs, prints, packages, wrappers, receptacles and advertisements relating thereto in their possession or under their control, and all plates, molds, heat transfers, screens, matrices and other means of making the same, to the extent that any of these items are in Defendants' possession.
3. This Permanent Injunction shall be deemed to have been served upon Defendants at the time of its execution by the Court, and the case shall be dismissed with prejudice as to Defendants upon entry of this Permanent Injunction.
4. The Court finds there is no just reason for delay in entering this Permanent Injunction, and, pursuant to Rule 54(a) of the Federal Rules of Civil Procedure, the Court directs immediate entry of this Permanent Injunction against Defendants.
5. The parties have settled their dispute on terms more particularly described in a separate Confidential Settlement Agreement.
6. NO APPEALS AND CONTINUING JURISDICTION. No appeals shall be taken from this Permanent Injunction, and the parties waive all rights to appeal. This Court expressly retains jurisdiction over this matter to enforce any violation of the terms of this Permanent Injunction.
7. NO FEES AND COSTS. Each party shall bear its/her own attorneys' fees and costs incurred in this matter.
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