Tuesday, November 15, 2011

Traverse Internet Law Federal Court Report: November 2011 - Trademark Infringement Lawsuits


The facts are unproven allegations of the Plaintiff and all commentary is based upon the allegations, the truthfulness and accuracy of which are likely in dispute.


YAHALA TRADING COMPANY, LLC v. HYUNDAI MOTOR AMERICA, ET AL.
EASTERN DISTRICT OF MICHIGAN (DETROIT)
2:11-CV-14794
FILED: 10/31/2011

We have seen a number of cases in which trademark infringement reports were delivered to eBay in error. The possibility of proceeding for relief is worth evaluating.

The Plaintiff started selling replacement auto parts for the Hyundai car on eBay. Hyundai alleges trademark infringement and has adversely affected the Plaintiff’s ability to sell through eBay.

Plaintiff alleges tortious interference with contract, tortious interference with prospective economic advantage, unfair competition, and declaratory judgment of non-infringement. Prayer for relief requests for Defendants to be permanently enjoined from continuing to engage in the following conduct: misrepresenting ownership of intellectual property, acts intended to interfere with Plaintiff’s future contractual relationships, and unfair competition. Plaintiff requests to be awarded all costs and expenses, attorneys’ fees and any other relief that the court deems just and proper. Traverse Internet Law Cross Reference Number 1531.