Facts

BMW of North America LLC and Bayerische Motoren Werke AG brought a trademark infringement action against APS Auto Parts Specialist Inc. relating to APS' alleged use of BMW's trademarks in counterfeit goods. Specifically, they brought claims for federal trademark infringement, false designation of origin/unfair competition, trademark dilution, unfair business practices, unfair competition under California law, and federal design patent infringement.

PLAINTIFF'S CONTENTIONS:
BMW contended that APS used BMW's federally registered trademarks without authorization and sold counterfeit wheel rims bearing BMW's marks.

DEFENDANT'S CONTENTIONS:
APS denied wrongdoing and asserted various affirmative defenses.

Result

The court entered a permanent injunction against APS and dismissed the action with prejudice, barring APS from using BMW's trademarks or otherwise engaging in acts that would damage or injure BMW. Additionally, it was ordered to destroy existing counterfeit BMW products.

Other Information

FILING DATE: March 16, 2015.