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BMW of North America LLC v. Garcia

United States District Court, C.D. California

July 8, 2019

BMW OF NORTH AMERICA, LLC, a Delaware limited liability company, and BAYERISCHE MOTOREN WERKE AG, a German corporation, Plaintiff,
v.
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 [22]

          HON. ANDRE BIROTTE, JR. UNITED STATES DISTRICT JUDGE

         The 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:

         1 FINDING OF FACTS.

         a. This 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.

         b. 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").

         c. 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.

         d. Defendant uses a number of accounts or seller IDs, including "ogsportscollectiblesshop" and "penguindeals" on eBay.com, and ID OG Sports Collectibles on bonanza.com, connected to his alleged infringing conduct and sale of alleged mfringing products.

         e. Defendant has used a PayPal.eom aeeount using the email address ogsportseolleetibles@outlook.eom eonneeted to his alleged infringing eouduet and sale of alleged infringing products.

         f. Defendant represents and acknowledges that he conducted One Thousand One Hundred Sixty-Five (1, 165) transactions of sales of alleged infringing products.

         g. 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.

         h. 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 consumers online.

         i. 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.

         j. 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 California law.

         2. PERMANENT INJUNCTION. Defendant is hereby restrained and enjoined, pursuant to 15 U.S.C. ยง 1116(a), from engaging in, directly or indirectly, or authorizing or assisting any third party to engage in, any of the ...


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