United States District Court, C.D. California
BMW OF NORTH AMERICA, LLC, a Delaware Limited Liability Company, and BAYERISCHE MOTOREN WERKE AG, a German Corporation, Plaintiff,
v.
TOMASZ MAKSYMIUK, an Individual; and DOES 1-10, inclusive, Defendants.
PERMANENT INJUNCTION AND DISMISSAL WITH
PREJUDICE
HONORABLE FERNANDO M. OLGUIN UNITED STATES DISTRICT COURT
JUDGE
The
Court, pursuant to the Stipulation for Entry of Permanent
Injunction against Defendants and Dismissal
("Stipulation") by and between BMW OF NORTH
AMERICA, LLC, and BAYERISCHE MOTOREN WERKE AG (collectively
"BMW"), and Defendant TOMASZ MAKSYMIUK
("Defendant"), filed concurrently herewith, hereby
ORDERS, ADJUDICATES and DECREES that a permanent injunction
shall be and is hereby entered against Defendant in the
above-referenced matter as follows:
1.
PERMANENT INJUNCTION.
Defendant
and any person or entity acting in concert with, or at the
direction of any of the Defendant, including any and all
agents, servants, employees, partners, assignees,
distributors, suppliers, resellers and any others over which
any of the Defendant may exercise control, are hereby
restrained and enjoined, pursuant to 15 United States Code
("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, purchasing, 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 BMW's trademarks, including but
not limited to, the BMW® word and design marks, the
M® word and design marks, the MINI® word and design
marks, and/or any intellectual property that is confusingly
or substantially similar to, or that constitutes a colorable
imitation of, any of BMW's trademarks (collectively
"BMW's 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, under control of,
or representing Defendant, or under his control, to perform
any act or thing which is likely to injure BMW or any of
BMW's Trademarks, specifically including but not limited
to the BMW®, M®, and MINI® word and design marks.
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 BMW; and/or d. using, owning, possessing, and/or
controlling any Internet domain name or website that includes
any of BMW's Trademarks including but not limited to the
BMW® word and design marks, the M® word and design
marks, and the MINI® word and design marks.
2.
Defendant is immediately ordered to deliver to counsel for
BMW for destruction all unauthorized products, including
counterfeit BMW®, M®-, MINI®- branded products,
stickers, labels, signs, prints, packages, wrappers,
receptacles and/or advertisements relating thereto in his
possession or under his control bearing any of BMW's
Trademarks or any simulation, reproduction, counterfeit, copy
or colorable imitations thereof, 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
Defendant's possession.
3. This
Permanent Injunction shall be deemed to have been served upon
Defendant at the time of its execution by the Court.
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 Defendant.
5.
Defendant will be making an agreed-upon payment to BMW, as
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 by
Defendant.
7.
NO ...