Case 4:14-cv Document CIVIL 1-3 COVER Filed SHEET in TXSD on 02/28/14 Page 1 of 2

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1 JS44 (Rev. 1/08 NDGA) Case 4:14-cv Document CIVIL 1-3 COVER Filed SHEET in TXSD on 02/28/14 Page 1 of 2 The JS44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as provided by local rules of court. This form is required for the use of the Clerk of Court for the purpose of initiating the civil docket record. (SEE INSTRUCTIONS ATTACHED) I. (a) PLAINTIFF(S) DEFENDANT(S) (b) COUNTY OF RESIDENCE OF FIRST LISTED COUNTY OF RESIDENCE OF FIRST LISTED PLAINTIFF DEFENDANT (EXCEPT IN U.S. PLAINTIFF CASES) (IN U.S. PLAINTIFF CASES ONLY) NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF THE TRACT OF LAND INVOLVED (c) ATTORNEYS (FIRM NAME, ADDRESS, TELEPHONE NUMBER, AND ADDRESS) ATTORNEYS (IF KNOWN) II. BASIS OF JURISDICTION (PLACE AN X IN ONE BOX ONLY) III. CITIZENSHIP OF PRINCIPAL PARTIES (PLACE AN X IN ONE BOX FOR PLAINTIFF AND ONE BOX FOR DEFENDANT) (FOR DIVERSITY CASES ONLY) PLF DEF PLF DEF 1 U.S. GOVERNMENT 3 FEDERAL QUESTION 1 1 CITIZEN OF THIS STATE 4 4 INCORPORATED OR PRINCIPAL PLAINTIFF (U.S. GOVERNMENT NOT A PARTY) PLACE OF BUSINESS IN THIS STATE 2 U.S. GOVERNMENT 4 DIVERSITY 2 2 CITIZEN OF ANOTHER STATE 5 5 INCORPORATED AND PRINCIPAL DEFENDANT (INDICATE CITIZENSHIP OF PARTIES PLACE OF BUSINESS IN ANOTHER IN ITEM III) STATE 3 3 CITIZEN OR SUBJECT OF A FOREIGN COUNTRY 6 6 FOREIGN NATION IV. ORIGIN (PLACE AN X IN ONE BOX ONLY) TRANSFERRED FROM APPEAL TO DISTRICT JUDGE 1 ORIGINAL 2 REMOVED FROM 3 REMANDED FROM 4 REINSTATED OR 5 ANOTHER DISTRICT 6 MULTIDISTRICT 7 FROM MAGISTRATE JUDGE PROCEEDING STATE COURT APPELLATE COURT REOPENED (Specify District) LITIGATION JUDGMENT V. CAUSE OF ACTION (CITE THE U.S. CIVIL STATUTE UNDER WHICH YOU ARE FILING AND WRITE A BRIEF STATEMENT OF CAUSE - DO NOT CITE JURISDICTIONAL STATUTES UNLESS DIVERSITY) (IF COMPLEX, CHECK REASON BELOW) 1. Unusually large number of parties. 6. Problems locating or preserving evidence 2. Unusually large number of claims or defenses. 7. Pending parallel investigations or actions by government. 3. Factual issues are exceptionally complex 8. Multiple use of experts. 4. Greater than normal volume of evidence. 9. Need for discovery outside United States boundaries. 5. Extended discovery period is needed. 10. Existence of highly technical issues and proof. FOR OFFICE USE ONLY CONTINUED ON REVERSE RECEIPT # AMOUNT $ APPLYING IFP MAG. JUDGE (IFP) JUDGE MAG. JUDGE NATURE OF SUIT CAUSE OF ACTION (Referral)

2 VI. NATURE Case OF SUIT 4:14-cv Document 1-3 Filed in TXSD on 02/28/14 Page 2 of 2 (PLACE AN X IN ONE BOX ONLY) CONTRACT - "0" MONTHS DISCOVERY 150 RECOVERY OF OVERPAYMENT & ENFORCEMENT OF JUDGMENT 152 RECOVERY OF DEFAULTED STUDENT LOANS (Excl. Veterans) 153 RECOVERY OF OVERPAYMENT OF VETERAN'S BENEFITS CONTRACT - "4" MONTHS DISCOVERY 110 INSURANCE 120 MARINE 130 MILLER ACT 140 NEGOTIABLE INSTRUMENT 151 MEDICARE ACT 160 STOCKHOLDERS' SUITS 190 OTHER CONTRACT 195 CONTRACT PRODUCT LIABILITY 196 FRANCHISE REAL PROPERTY - "4" MONTHS DISCOVERY 210 LAND CONDEMNATION 220 FORECLOSURE 230 RENT LEASE & EJECTMENT 240 TORTS TO LAND 245 TORT PRODUCT LIABILITY 290 ALL OTHER REAL PROPERTY TORTS - PERSONAL INJURY - "4" MONTHS DISCOVERY 310 AIRPLANE 315 AIRPLANE PRODUCT LIABILITY 320 ASSAULT, LIBEL & SLANDER 330 FEDERAL EMPLOYERS' LIABILITY 340 MARINE 345 MARINE PRODUCT LIABILITY 350 MOTOR VEHICLE 355 MOTOR VEHICLE PRODUCT LIABILITY 360 OTHER PERSONAL INJURY 362 PERSONAL INJURY - MEDICAL MALPRACTICE 365 PERSONAL INJURY - PRODUCT LIABILITY 368 ASBESTOS PERSONAL INJURY PRODUCT LIABILITY TORTS - PERSONAL PROPERTY - "4" MONTHS DISCOVERY 370 OTHER FRAUD 371 TRUTH IN LENDING 380 OTHER PERSONAL PROPERTY DAMAGE 385 PROPERTY DAMAGE PRODUCT LIABILITY BANKRUPTCY - "0" MONTHS DISCOVERY 422 APPEAL 28 USC WITHDRAWAL 28 USC 157 CIVIL RIGHTS - "4" MONTHS DISCOVERY 441 VOTING 442 EMPLOYMENT 443 HOUSING/ ACCOMMODATIONS 444 WELFARE 440 OTHER CIVIL RIGHTS 445 AMERICANS with DISABILITIES - Employment 446 AMERICANS with DISABILITIES - Other IMMIGRATION - "0" MONTHS DISCOVERY 462 NATURALIZATION APPLICATION 463 HABEAS CORPUS- Alien Detainee 465 OTHER IMMIGRATION ACTIONS PRISONER PETITIONS - "0" MONTHS DISCOVERY 510 MOTIONS TO VACATE SENTENCE 530 HABEAS CORPUS 535 HABEAS CORPUS DEATH PENALTY 540 MANDAMUS & OTHER 550 CIVIL RIGHTS - Filed Pro se 555 PRISON CONDITION(S) - Filed Pro se PRISONER PETITIONS - "4" MONTHS DISCOVERY 550 CIVIL RIGHTS - Filed by Counsel 555 PRISON CONDITION(S) - Filed by Counsel FORFEITURE/PENALTY - "4" MONTHS DISCOVERY 610 AGRICULTURE 620 FOOD & DRUG 625 DRUG RELATED SEIZURE OF PROPERTY 21 USC LIQUOR LAWS 640 R.R. & TRUCK 650 AIRLINE REGS. 660 OCCUPATIONAL SAFETY / HEALTH 690 OTHER LABOR - "4" MONTHS DISCOVERY 710 FAIR LABOR STANDARDS ACT 720 LABOR/MGMT. RELATIONS 730 LABOR/MGMT. REPORTING & DISCLOSURE ACT 740 RAILWAY LABOR ACT 790 OTHER LABOR LITIGATION 791 EMPL. RET. INC. SECURITY ACT PROPERTY RIGHTS - "4" MONTHS DISCOVERY 820 COPYRIGHTS 840 TRADEMARK PROPERTY RIGHTS - "8" MONTHS DISCOVERY 830 PATENT SOCIAL SECURITY - "0" MONTHS DISCOVERY 861 HIA (1395ff) 862 BLACK LUNG (923) 863 DIWC (405(g)) 863 DIWW (405(g)) 864 SSID TITLE XVI 865 RSI (405(g)) FEDERAL TAX SUITS - "4" MONTHS DISCOVERY 870 TAXES (U.S. Plaintiff or Defendant) 871 IRS - THIRD PARTY 26 USC 7609 OTHER STATUTES - "4" MONTHS DISCOVERY 400 STATE REAPPORTIONMENT 430 BANKS AND BANKING 450 COMMERCE/ICC RATES/ETC. 460 DEPORTATION 470 RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS 480 CONSUMER CREDIT 490 CABLE/SATELLITE TV 810 SELECTIVE SERVICE 875 CUSTOMER CHALLENGE 12 USC AGRICULTURAL ACTS 892 ECONOMIC STABILIZATION ACT 893 ENVIRONMENTAL MATTERS 894 ENERGY ALLOCATION ACT 895 FREEDOM OF INFORMATION ACT 900 APPEAL OF FEE DETERMINATION UNDER EQUAL ACCESS TO JUSTICE 950 CONSTITUTIONALITY OF STATE STATUTES 890 OTHER STATUTORY ACTIONS OTHER STATUTES - "8" MONTHS DISCOVERY 410 ANTITRUST 850 SECURITIES / COMMODITIES / EXCHANGE OTHER STATUTES - 0" MONTHS DISCOVERY ARBITRATION (Confirm / Vacate / Order / Modify) (Note: Mark underlying Nature of Suit as well) * PLEASE NOTE DISCOVERY FOR EACH CASE TYPE. SEE LOCAL RULE 26.3 VII. REQUESTED IN COMPLAINT: CHECK IF CLASS ACTION UNDER F.R.Civ.P. 23 JURY DEMAND YES NO (CHECK YES ONLY IF DEMANDED IN COMPLAINT) VIII. RELATED/REFILED CASE(S) IF ANY JUDGE DEMAND $ DOCKET NO. CIVIL CASES ARE DEEMED RELATED IF THE PENDING CASE INVOLVES: (CHECK APPROPRIATE BOX) 1. PROPERTY INCLUDED IN AN EARLIER NUMBERED PENDING SUIT. 2. SAME ISSUE OF FACT OR ARISES OUT OF THE SAME EVENT OR TRANSACTION INCLUDED IN AN EARLIER NUMBERED PENDING SUIT. 3. VALIDITY OR INFRINGEMENT OF THE SAME PATENT, COPYRIGHT OR TRADEMARK INCLUDED IN AN EARLIER NUMBERED PENDING SUIT. 4. APPEALS ARISING OUT OF THE SAME BANKRUPTCY CASE AND ANY CASE RELATED THERETO WHICH HAVE BEEN DECIDED BY THE SAME BANKRUPTCY JUDGE. 5. REPETITIVE CASES FILED BY PRO SE LITIGANTS. 6. COMPANION OR RELATED CASE TO CASE(S) BEING SIMULTANEOUSLY FILED (INCLUDE ABBREVIATED STYLE OF OTHER CASE(S)): 7. EITHER SAME OR ALL OF THE PARTIES AND ISSUES IN THIS CASE WERE PREVIOUSLY INVOLVED IN CASE NO., WHICH WAS DISMISSED. This case IS IS NOT (check one box) SUBSTANTIALLY THE SAME CASE. SIGNATURE OF ATTORNEY OF RECORD DATE

3 Case 4:14-cv Document 1 Filed in TXSD on 02/28/14 Page 1 of 12 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION BMW OF NORTH AMERICA, LLC and BAYERISCHE MOTOREN WERKE AG, Plaintiffs, Case No. Jury Demanded v. AUTOHAUS K&H INC., dba TEXAS EUROPEAN AUTOHAUS, and OTTO OTHMAN, Defendants. COMPLAINT FOR TRADEMARK INFRINGEMENT, UNFAIR COMPETITION, AND BREACH OF CONTRACT Plaintiffs BMW of North America, LLC and Bayerische Motoren Werke AG (collectively, BMW or Plaintiffs ) seek injunctive and monetary relief from Defendants Autohaus K&H Inc., dba Texas European Autohaus, and Otto Othman (hereinafter Defendants ) for trademark infringement, unfair competition, and breach of contract with regard to Plaintiffs famous Roundel logo, pictured below: As alleged more fully below, Defendants have violated, and continue to violate, the Trademark Act of 1946 as amended, 15 U.S.C et seq. (the Lanham Act ), and Texas law through their unauthorized use of BMW s Roundel logo on their business signage.

4 Case 4:14-cv Document 1 Filed in TXSD on 02/28/14 Page 2 of 12 Parties 1. Plaintiff BMW of North America, LLC ( BMW NA ) is a Delaware limited liability company with its principal place of business at 300 Chestnut Ridge Road, Woodcliff Lake, New Jersey BMW NA is a wholly owned subsidiary of BMW (US) Holding Corporation, a Delaware corporation, which is a wholly owned subsidiary of Bayerische Motoren Werke AG ( BMW AG ). BMW NA distributes new and previously owned BMW passenger cars and BMW light trucks through its authorized dealer networks across the country. 2. Plaintiff BMW AG is a corporation organized under the laws of the Federal Republic of Germany with its principal place of business at Petuelring 130, Munich, Germany. BMW AG designs and manufactures motor vehicles, parts and other products for sale in Europe and for export and sale throughout the world. 3. Defendant Autohaus K&H Inc., dba Texas European Autohaus, is a Texas corporation with its principal place of business at 2815 San Jacinto Street, Houston, Texas Defendant is in the business of servicing and repairing automobiles, including BMWs, in competition with BMW and its authorized dealers. 4. Defendant Otto Othman is the Director of Autohaus K&H Inc., dba Texas European Autohaus, and has personally directed and participated in the infringing acts alleged herein. Jurisdiction and Venue 4. This Court has personal jurisdiction over Defendants because Defendants are citizens of and/or conduct business in the State of Texas. 5. This Court has jurisdiction over the subject matter of this action under 15 U.S.C and 28 U.S.C and 1338(a) and 1338(b), and has supplemental jurisdiction under 28 U.S.C. 1367(a) over BMW s claims under Texas law. 2

5 Case 4:14-cv Document 1 Filed in TXSD on 02/28/14 Page 3 of Venue is proper in this District under 28 U.S.C. 1391(b), as Defendants reside in and/or have their principal place of business in this District and, upon information and belief, a substantial part of the events or omissions giving rise to the claims occurred and are occurring in this District. BMW s Famous Roundel Logo 7. BMW is in the business of designing, manufacturing, distributing, and servicing motor vehicles and a variety of other products under various trademarks, including its Roundel logo shown above. 8. BMW NA, through itself and predecessors-in-interest, has been the exclusive licensee and authorized user of the Roundel logo in the United States continuously since at least as early as 1949 in connection with the sale and service of motor vehicles. 9. Since long prior to the acts of Defendants complained of herein, BMW has used its Roundel logo in connection with its business of designing, manufacturing, distributing, and servicing motor vehicles and a variety of other products in the State of Texas. 10. BMW AG is the owner of the following U.S. Registrations for the Roundel logo: Mark Reg. No. Reg. Date Services/Goods 613,465 Oct. 4, 1955 Automobiles, motorcycles and parts thereof 1,170,556 Sept. 22, 1981 Motor vehicle repair and maintenance services and dealership services 3

6 Case 4:14-cv Document 1 Filed in TXSD on 02/28/14 Page 4 of 12 Mark Reg. No. Reg. Date Services/Goods 1,450,212 Aug. 4, 1987 Automobiles, motorcycles, parts thereof, including wheels, wheel rims, and watches, clocks and various other goods and services 2,752,258 Aug. 19, 2003 Cleaning preparations for use in the automotive field, engine oil and various other goods 3,418,573 Apr. 29, 2008 Leasing and financing services for motor vehicles; online credit applications and online banking; loan services 11. These registrations were duly and legally issued, and are valid and subsisting. Registrations 613,465; 1,170,556; 1,450,212; and 2,752,258 are incontestable pursuant to 15 U.S.C BMW AG has licensed the Roundel logo to BMW NA for use in connection with the distribution, sale, service, and repair of the aforementioned products in the United States. 13. BMW NA distributes BMW passenger cars and BMW light trucks and provides maintenance services for its customers through nationwide networks of authorized dealers and service providers. BMW NA authorizes BMW dealerships to use the Roundel logo in connection with the sale and/or service of BMW products. 4

7 Case 4:14-cv Document 1 Filed in TXSD on 02/28/14 Page 5 of To create and maintain goodwill among its customers, BMW NA has taken substantial steps to assure that all authorized BMW dealers using the Roundel logo are of the highest quality. 15. BMW has expended millions of dollars in advertising efforts across the country in connection with its Roundel logo. As a result of its long use and promotion of this mark, BMW has established its Roundel logo as a famous and distinctive mark among members of the American public. Defendants Wrongful Activities 16. On March 28, 2007, Defendants resolved a claim by BMW for trademark infringement by signing an agreement to cease and desist all uses of the BMW trademarks and logos (the Signed Agreement ). (See Exhibit A.) 17. In approximately November 2011, BMW discovered that Defendants had resumed using BMW s Roundel logo in willful violation of BMW s trademark rights. 18. Since that time, BMW has sent Defendants three letters requesting that they cease and desist all unauthorized uses of BMW s Roundel logo and trademark uses of any other BMW marks. 19. As of the filing of this Complaint, however, Defendants are still displaying BMW s Roundel logo in connection with their business. (See Exhibit B.) 20. Defendants have never provided services for BMW or any of its subsidiaries, affiliates or authorized agents. 21. Defendants are not affiliated with or sponsored by BMW and have never been authorized by BMW or any of its subsidiaries, affiliates or authorized agents to use BMW s Roundel logo in any form. 5

8 Case 4:14-cv Document 1 Filed in TXSD on 02/28/14 Page 6 of Defendants unauthorized use of BMW s Roundel logo is intended to divert to Defendants persons who are interested in the products and services of BMW and to trade off the goodwill of BMW s mark. 23. Defendants unauthorized use of BMW s Roundel logo in the manner described above: (a) is likely to cause confusion, to cause mistake, and/or to deceive customers and potential customers of the parties, as to the origin, sponsorship, or approval of Defendants products and services, or as to some affiliation, connection, or association of Defendants with BMW; (b) enables Defendants to trade off and receive the benefit of goodwill BMW has built up at great labor and expense over many years, and to gain acceptance for Defendants products and services not solely on their merits, but on the reputation and goodwill of BMW, its famous Roundel logo, and its products and services; (c) (d) unjustly enriches Defendants; and unlawfully removes from BMW the ability to control the nature and quality of products and services provided under its Roundel logo and places the goodwill and valuable reputation of BMW in the hands of Defendants, over whom BMW has no control. 24. BMW has been damaged and continues to be damaged by Defendants unauthorized use of BMW s Roundel logo in the manner described above. 25. Unless these acts of Defendants are restrained by this Court, they will continue to cause irreparable injury to BMW and to the public for which there is no adequate remedy at law. 6

9 Case 4:14-cv Document 1 Filed in TXSD on 02/28/14 Page 7 of herein. Count I Federal Trademark Infringement (Lanham Act 32, 15 U.S.C. 1114(1)) 26. BMW re-alleges and incorporates the allegations set forth in paragraphs 1 through 27. Defendants unauthorized use of BMW s Roundel logo in connection with identical goods and services is likely to cause confusion, to cause mistake, or to deceive as to the source or sponsorship of Defendants goods and services. 28. The acts of Defendants complained of herein constitute use in commerce of reproductions, copies, confusingly similar or colorable imitations of BMW s federally registered Roundel logo in connection with the sale, offering for sale, distribution and advertising of goods and services in violation of 15 U.S.C. 1114(1). 29. Defendants acts complained of herein have been deliberate, willful, intentional, and in bad faith, with full knowledge and in conscious disregard of BMW s rights in its Roundel logo and with intent to trade off BMW s vast goodwill in its mark. 30. As a result of the foregoing alleged actions of Defendants, Defendants have been unjustly enriched and BMW has been injured and damaged. Unless the foregoing alleged actions of Defendants are enjoined, BMW will continue to suffer injury and damage. 30 herein. Count II Federal Unfair Competition and False Designation of Origin (Lanham Act 43(a), 15 U.S.C. 1125(a)) 31. BMW re-alleges and incorporates the allegations set forth in paragraphs 1 through 32. Defendants unauthorized use of BMW s Roundel logo falsely indicates that Defendants and their services are connected with, sponsored by, affiliated with, or related to BMW. 7

10 Case 4:14-cv Document 1 Filed in TXSD on 02/28/14 Page 8 of Defendants unauthorized use of BMW s Roundel logo has caused, and is likely to continue to cause, confusion, mistake or deception as to the source or sponsorship of Defendants goods and services. 34. Defendants acts complained of herein have been deliberate, willful, and intentional, with full knowledge and in conscious disregard of BMW s rights in its Roundel logo and with intent to trade off BMW s vast goodwill in its mark. 35. Defendants unauthorized use of BMW s Roundel logo in connection with their goods and services allows Defendants to receive the benefit of BMW s goodwill, which BMW has established at great labor and expense, and further allows Defendants to expand their business and sales, based not on their own qualities, but on the reputation and goodwill of BMW. 36. The acts of Defendants complained of herein constitute unfair competition in violation of Section 43(a) of the Lanham Act, 15 U.S.C. 1125(a). 37. As a result of the foregoing alleged actions of Defendants, Defendants have been unjustly enriched and BMW has been injured and damaged. Unless the foregoing alleged actions of Defendants are enjoined, BMW will continue to suffer injury and damage. 37 herein. Count III Trademark Infringement and Unfair Competition (Common Law of Texas) 38. BMW re-alleges and incorporates the allegations set forth in paragraphs 1 through 39. Defendants unauthorized use of BMW s Roundel logo in connection with the service and repair of automobiles has caused, is causing and, unless enjoined by this Court, will continue to cause confusion and mistake in the marketplace and deception of the trade and public as to the relationship or affiliation of the parties and the source, origin, or sponsorship of their respective goods and services. 8

11 Case 4:14-cv Document 1 Filed in TXSD on 02/28/14 Page 9 of Defendants, with full knowledge of BMW s rights in its Roundel logo, and of the valuable goodwill associated therewith, has committed the acts alleged herein willfully, with the intent to trade off, or in complete disregard of, BMW s goodwill and the goodwill associated with BMW s Roundel logo. 41. The acts of Defendants complained of herein constitute trademark infringement and unfair competition in violation of the common law of Texas. 42. Defendants unauthorized use of BMW s Roundel logo in connection with the service and repair of automobiles has impaired, is impairing and, unless enjoined by this Court, will continue to impair BMW s reputation under its trademarks and has caused, is causing and, unless enjoined by this Court, will continue to cause injury and damage to BMW for which BMW is entitled to relief under the common law. 43. As a result of the foregoing alleged actions of Defendants, Defendants have been unjustly enriched and BMW has been injured and damaged. Unless the foregoing alleged actions of Defendants are enjoined, BMW will continue to suffer injury and damage. 43 herein. Count IV Breach of Contract (Common Law of Texas) 44. BMW re-alleges and incorporates the allegations set forth in paragraphs 1 through 45. The Signed Agreement referenced above is a valid and binding contract. 46. Defendants are in violation of the Signed Agreement through their unauthorized use of BMW s Roundel logo on their business signage, as alleged more specifically above. 47. As a result of the foregoing alleged actions, Defendants have been unjustly enriched and BMW has been injured and damaged. 9

12 Case 4:14-cv Document 1 Filed in TXSD on 02/28/14 Page 10 of All conditions precedent to bringing this lawsuit have been performed, and BMW has performed its obligations under the Signed Agreement. 49. By failing to perform their duties owed to BMW, Defendants have breached their contractual obligations and damaged BMW in an amount to be determined at trial. BMW is thereby entitled to relief under the common law. Prayer for Relief WHEREFORE, BMW prays that: 1. Judgment be entered for BMW on its claims. 2. The Signed Agreement be specifically enforced. 3. Defendants, their agents, servants, employees, attorneys, and all others in active concert or participation with any of them, be enjoined and restrained, during the pendency of this action, and permanently thereafter, from: (a) using BMW s Roundel logo, or any colorable imitation thereof, either alone or part of any signs, flags, banners, interior and exterior walls, doors, window etchings, photographs, advertisements, commercial videos, websites, telephone directory or other internet or print advertisements, promotional materials, stationery, and business cards, or otherwise in connection with their business; and (b) doing any other act or thing likely to confuse, mislead, or deceive others into believing that Defendants, or their products or services, emanate from, or are connected with, sponsored by or approved by BMW. 4. An accounting be directed to determine Defendants profits resulting from their activities and that such profits be paid over to BMW and increased as the Court finds to be just under the circumstances of this case. 10

13 Case 4:14-cv Document 1 Filed in TXSD on 02/28/14 Page 11 of Defendants be required to pay over to BMW: (a) in accordance with Section 35(a) of the United States Trademark Act, 15 U.S.C. 1117(a), an award of treble Plaintiffs actual damages and Defendants profits, together with profits resulting from sales by Defendants relating to their aforesaid trademark infringement and unfair competition; (b) compensatory damages arising from Defendants breach of the Signed Agreement; and (c) BMW s reasonable attorneys fees and costs of this action. 6. Defendants, in accordance with Section 36 of the United States Trademark Act, 15 U.S.C. 1118, be required to deliver up to BMW for destruction all labels, signs, flags, prints, photographs, packages, bottles, receptacles, containers, business cards, letterhead, advertisements and other promotional materials in Defendants possession or control bearing BMW s Roundel logo, or any other BMW mark. 7. Defendants, in accordance with Section 34(a) of the United States Trademark Act, 15 U.S.C. 1116(a), be required to file with the Court, and serve upon BMW, within thirty (30) days after the entry and service on Defendants of an injunction, a report in writing and under oath, setting forth in detail the manner and form in which Defendants have complied with the terms of such injunction. 8. BMW recover such other relief as the Court may deem appropriate. 11

14 Case 4:14-cv Document 1 Filed in TXSD on 02/28/14 Page 12 of 12 Jury Trial Demand BMW demands trial by jury on all issues triable by a jury in this case. Dated: February 28, 2014 Respectfully submitted, JONES DAY s/joseph M. Beauchamp Joseph M. Beauchamp Texas Bar No S.D. Texas Bar No Texas, Suite 3300 Houston, TX Telephone: (832) Facsimile: (832) jbeauchamp@jonesday.com OF COUNSEL: John G. Froemming 51 Louisiana Avenue, N.W. Washington, D.C Telephone: (202) Facsimile: (202) jfroemming@jonesday.com Counsel for Plaintiffs 12