Question: BMW North America LLC and Rolls Royce Motor Cars NA
BMW North America, LLC, and Rolls Royce Motor Cars NA, LLC, distribute luxury automobiles, automobile parts, and lifestyle items in the United States. These companies and their parent and affiliate companies own various trademarks bearing the “BMW” and “Roll Royce” trademarks. These companies (plaintiffs) discovered that counterfeit products bearing their trademarks were being advertised and sold from certain websites. After further investigation, it was determined that DinoDirect Corporation, a Delaware corporation; DinoDirect China Ltd., a Hong Kong limited liability company; and B2CForce International Corporation, a California corporation (corporate defendants) were involved with the production and distribution of these counterfeit items in the United States. Kevin Feng is the president or founder of these corporations. The plaintiffs sued the corporate defendants and Feng in U. S. district court in California for trademark infringement. The defendants were served the complaint and summons in the case. The defendants sent various e mails to the court but never appeared in court or filed an answer to the complaint. The court gave the defendants several opportunities to do so, but no answers were ever filed. The court granted the plaintiffs a default judgment against the defendants. Is the issuance of a default judgment against the defendants warranted in this case? Did the defendants act ethically in this case? BMW of North America v. Dinodirect Corporation, 2012 U.S. Dist. Lexis 170667 (United States District Court for the Northern District of California, 2012)
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