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NORTHERN CALIFORNIA RECORD

Thursday, March 28, 2024

BMW accuses automobile parts manufacturer of trademark infringement

Trademark 07

RIVERSIDE — BMW is suing automobile parts manufacturers, alleging trademark infringement and unfair competition.

BMW of North America LLC and Bayerische Motoren Werker AG filed a complaint July 3 in U.S. District Court for the Central District of California Eastern Division against Xtreme Inc., doing business as Xprite USA, Zongxian Liu, and Does 1-10 inclusive, alleging violation of the Lanham Act/Trademark Act of 1946.

According to the complaint, BMW's famous trademarks have been copied and used without its consent. The plaintiff says the Internet website known as Amazon.com were used to advertise for sale, sell and distribute products, including counterfeit hard goods using and bearing BMW trademarks to consumers. As a result, the suit says, BMW has suffered substantial irreparable injury loss and damage of property rights and loss of income. 

The plaintiffs allege the defendants failed to obtain the consent or authorization of BMW as the registered owners of the BMW trademarks to deal in and commercially distribute, market and sell products bearing the plaintiffs’ asserted trademarks into the stream of commerce.

The plaintiffs seek trial by jury, temporary, preliminary and permanent injunctive relief, exemplary or punitive damages, attorney fees, costs of suit, and all other equitable relief. They are represented by attorneys Christopher D. Johnson, Christopher Q. Pham, Marcus F. Chaney and Nicole Drey Huerter of Johnson & Pham LLC in Woodland Hills, California.

U.S. District Court for the Central District of California Eastern Division case number 5:17-cv-01335-SVW-SP

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