Facts

Plaintiffs BMW of North America LLC and Bayerische Motoren Werke AG brought suit against defendants US Elogistics Service Corp. and ETarget Limited for damages and seeking declaratory relief.

PLAINTIFFS CONTENTIONS: Plaintiffs claimed defendants knew or should've known that foreign-third party sellers were using defendants' importation and distribution services and domestic warehouse distribution locations to deal in counterfeit and/or infringing products using plaintiffs' BMW trademark in the United States.

Plaintiffs contended that defendants' conduct constituted federal trademark infringement, false designation of origin, unfair competition, trademark dilution, and unfair business practice.

DEFENDANTS CONTENTIONS: Defendants denied the allegations.

Result

Permanent injunction was entered against defendants.