BMW of North America LLC, Bayerische Motoren Werke AG v. Rstype Product, Charles M. Tsai, and Does 1 through 10, inclusive
Published: Sep. 5, 2015 | Result Date: Mar. 6, 2015 | Filing Date: Jan. 1, 1900 |Case number: 2:14-cv-04189-ODW-AS Bench Decision – Permanent Injunction
Court
USDC Central
Attorneys
Plaintiff
Marcus F. Chaney
(Johnson & Pham LLP)
Christopher Q. Pham
(Johnson & Pham LLP)
Defendant
Facts
BMW of North America LLC and Bayerische Motoren Werke AG filed an infringement lawsuit against RSType Product and Charles Tsai.
Contentions
PLAINTIFFS' CONTENTIONS:
BMW accused defendants of infringing on its trademarks, including the BMW, M, MINI, and BMW dual kidney-shaped automobile grille trademarks by producing and/or otherwise making displaying products that bear those words and design marks in its website and other advertising or promotion products. BMW sought a injunction against further infringement.
BMW asserted claims for federal trademark infringement, false designation of origin/unfair competition, trademark dilution, unfair business practices, and unfair competition.
DEFENDANTS' CONTENTIONS:
Defendants denied the allegations and asserted various affirmative defenses.
Result
The court entered an injunction permanently enjoining defendants from further infringement. Among other things, defendants were required to immediately deliver infringing and counterfeit products for destruction.
Other Information
FILING DATE: May 30, 2014.
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