United States District Court, C.D. California
ORLANDO J. CASTANO JR. LAW OFFICES Orlando J Castaño,
Jr Attorneys for Defendants, 5 Star Auto Group, Damian
McLawhorn, and Rogelio Lopez
ROBINS
KAPLAN LLP David Martinez David Martinez Attorneys for
Plaintiff, Billion Motors, Inc.
CONSENT JUDGMENT AND PERMANENT INJUNCTION
HONORABLE STEPHEN V. WILSON UNITED STATES DISTRICT JUDGE
This
cause having come to be settled, WHEREAS, this Court has
jurisdiction over the parties and over the subject matter
hereof under 15 U.S.C. § 1121, 28 U.S.C. §§
1331 and 1338 (a) and (b), and has supplemental jurisdiction
under 28 U.S.C. § 1367(a) over the claims raised by
Billion Motors, Inc. (“Billion Motors”) under
California common law;
WHEREAS,
Plaintiff Billion Motors is a South Dakota corporation with a
principal place of business located at 3401 W. 41st Street,
Sioux Falls, South Dakota 57106;
WHEREAS,
Defendant 5 Star Auto Group d/b/a “Billion Auto
Group” is, a California corporation with a principal
place of business located at 1407 North Baxter, Anaheim,
California 92806;
WHEREAS,
Defendant Damian McLawhorn is an individual residing at 10562
Brier Ln., Santa Ana, California 92705; and is a director and
corporate officer of Defendant 5 Star Auto Group;
WHEREAS,
Defendant Rogelio Lopez is an individual residing at 710 N
Citron Street, Anaheim, California 92805; and is a director
and corporate officer of 5 Star Auto Group;
WHEREAS,
Billion Motors commenced this lawsuit which alleges,
inter alia, that Defendants have infringed Billion
Motors' federally registered trademarks, engaged in
unfair competition under federal and common law, engaged in
cyber piracy, violated California Business and Professions
Code § 17500 and § 17200, and infringed Billion
Motors' trademark under common law;
WHEREAS,
the parties acknowledge that Billion Motors owns
incontestable rights to the marks consisting of or including
the term BILLION, including without limitation United States
Registration Nos. 4356516, 4257669, 5519276, and 5536244; and
Serial Nos. 86/862, 200, 5561539, and 86/861, 977
(collectively, the “Billion Marks”);
WHEREAS,
5 Star denies it has infringed on any of Billion Motors'
Marks, or has caused any damage or confusion with any of the
Billion Marks and that there is a dispute and differences to
the use of the Billion Marks. 5 Star is willing to enter this
Settlement Agreement and Release without admission of
liability and responsibility per the terms set herein;
WHEREAS,
Billion Motors contends that the evidence obtained to date
clearly demonstrates that Defendants have infringed its
intellectual property and violated Billion Motors' rights
as alleged;
WHEREAS,
Defendants have denied that they have engaged in wrongdoing
as alleged by Billion Motors; and
WHEREAS,
the Parties, intend to fully compromise and settle all
claims, actions, and causes of action ...