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,
OCTAVIO GARCIA, an Individual and d/b/a OG SPORTS COLLECTIBLES; and DOES 1-10, Inclusive, Defendants.
PERMANENT INJUNCTION AND DISMISSING AGAINST DEFENDANT
OCTAVIO GARCIA 
ANDRE BIROTTE, JR. UNITED STATES DISTRICT JUDGE
Court, pursuant to the Stipulation for Entry of Permanent
Injunction and Dismissal Against Defendant Octavio Garcia
("Stipulation"), by and between Plaintiffs BMW of
North America, LLC and Bayerische Motoren Werke AG
(collectively "Plaintiffs"), through their counsel
of record, and Defendant Octavio Garcia
("Defendant"), in pro se, filed
concurrently herewith, hereby ORDERS, ADJUDICATES and DECREES
that permanent injunction shall be and is hereby entered
against Defendant in the above-referenced matter as follows:
FINDING OF FACTS.
case involves Plaintiffs' claims of Trademark
Infringement arising under 15 U.S.C. § 1114, False
Designation of Origin under 15 U.S.C. § 1125(a),
Trademark Dilution under 15 U.S.C. § 1125(c), and Unfair
Business Practices pursuant to California Business &
Professions Code § 17200.
Plaintiffs are the manufacturers and source of the world
famous BMW® line of automobiles, automobile parts and
automobile accessories, and use and own various trademarks
and other intellectual properties on and in connection with
such products and services, including, among others, their
BMW®, ///M®, MINI®, and/or MINI COOPER® word
and design marks along with various other trademark
applications and registrations therefore in the United States
and abroad (collectively "BMW Trademarks").
Defendant is an individual doing business as OG Sports
Collectibles at the addresses of: (i) 5600 Harvey Street,
Suite T27, Muskegon, Michigan 49444, and (ii) 13651 Duncan
Street, Holland, Michigan 49424.
Defendant uses a number of accounts or seller IDs, including
"penguindeals" on eBay.com, and ID OG Sports
Collectibles on bonanza.com, connected to his alleged
infringing conduct and sale of alleged mfringing products.
Defendant has used a PayPal.eom aeeount using the email
address email@example.com eonneeted to his
alleged infringing eouduet and sale of alleged infringing
Defendant represents and acknowledges that he conducted One
Thousand One Hundred Sixty-Five (1, 165) transactions of
sales of alleged infringing products.
Defendant acknowledges that consumers and/or purchasers in
the United States have come to recognize BMW Trademarks, and
Plaintiffs have acquired a valuable reputation and goodwill
among the public as a result of such association. Indeed, the
BMW Trademarks are famous in the United States.
Defendant acknowledges and does not contest that he
manufactured, designed, offered for sale, sold, and/or
distributed products bearing BMW Trademarks and used BMW
Trademarks in the advertising of products offered for sale to
Defendant acknowledges and does not contest Plaintiffs'
exclusive rights in and to the BMW Trademarks, including the
exclusive right to distribute products using, embodying,
comprised of and/or bearing the BMW Trademarks.
Defendant acknowledges that his infringing conduct and the
sale of infringing products include the sale of unauthorized
and/or counterfeit products which displayed, infringed, and
diluted Plaintiffs Trademarks; that his activities have
infringed Plaintiffs' rights thereto; and that his
conduct and activities constitute federal trademark
infringement, false designation of origin, trademark
dilution, and unfair business practices pursuant to
PERMANENT INJUNCTION. Defendant is
hereby restrained and enjoined, pursuant to 15 U.S.C. §
1116(a), from engaging in, directly or indirectly, or
authorizing or assisting any third party to engage in, any of