Bmw of North America, LLC v. Mini Works, LLC

MEMORANDUM

Defendants Mini Works, LLC and Victor Barreira appeal from the District Court’s judgment, entered after a bench trial, in favor of Plaintiffs BMW of North America, LLC and Bayerische Motoren Werke AG (collectively “BMW”) as to BMW’s claims against Appellants for federal and state trademark infringement and unfair competition as well as its claim against Barreira under the Anti-Cybers-quatting Consumer Protection Act (“ACPA”). We review for clear error. See, e.g., Interstellar Starship Servs., Ltd. v. Epix, Inc., 304 F.3d 936 , 947 (9th Cir.2002); Murray v. Cable Nat’l Broad. Co., 86 F.3d 858, 860 (9th Cir.1996).

The District Court committed no such clear error in its thorough and well-reasoned ruling setting forth its own findings of fact and conclusions of law based on the evidence presented at the bench trial. With respect to the infringement and unfair competition claims, the District Court properly applied the relevant Sleekcraft factors to determine that a likelihood of confusion exists as to the Appellants’ use of the MINI WORKS trademark and trade name and BMW’s MINI marks. See, e.g., AMF, Inc. v. Sleekcraft Boats, 599 F.2d 341, 348-49 (9th Cir.1979). Likewise,…