Billion Motors, Inc. v. 5 Star Auto Group

          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 ...