SAN FRANCISCO – BMW claims a San Francisco business and several individuals have been selling counterfeit goods.
BMW of North America LLC and Bayerische Motoren Werke AG filed a complaint on Feb. 2 in the U.S. District Court for the Northern District of California against K VIP Auto Body; Guo Yong Chen, Jingjing Deng, also known as Tina Deng; Shao Chun Chen; Fen Deng, also known as Andy Deng; and Does 1-10 alleging trademark infringement and other counts.
According to the complaint, the plaintiffs allege that they have suffered injuries on their reputation, business, and goodwill, caused by defendants' wrongful conduct of manufacturing, copying, exporting, importing, advertising, promoting, selling and distributing counterfeit and unauthorized products, featuring plaintiff's registered trademarks. The plaintiffs hold K VIP Auto Body; Guo Yong Chen, Jingjing Deng, also known as Tina Deng; Shao Chun Chen; Fen Deng, also known as Andy Deng; and Does 1-10 responsible because the defendants allegedly traded upon and diminished plaintiffs' goodwill.
The plaintiffs request a trial by jury and seek judgment against defendants, punitive and actual damages, profits from infringement, restitution, injunctive and equitable relief, asset freeze or constructive trust, destruction of the infringing articles, treble damages, attorneys' fees, costs of suit, and further relief as the court may deem just. They are represented by Christopher D. Johnson, Christopher Q. Pham, Nicole Drey Huerter and Hung Q. Pham of Johnson & Pham LLP in Woodland Hills.
U.S. District Court for the Northern District of California Case number 3:17-cv-00543