U.S. News | BYD Sues Counterfeiters for Trademark Infringement

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BYD Company Ltd has filed a lawsuit in the California Central District Court against Alexander Khazai, Aaron Arredondo, Roberto Banke, and other alleged counterfeiters for trademark infringement.

The plaintiff alleges that the defendants sold counterfeit BYD masks to unwitting customers, including hospitals and state agencies using packaging having BYD logos and trademarks.

The plaintiff reportedly said that BYD transformed part of its factory in Shenzhen, China into the world’s largest mask producing facility, manufacturing 50 million masks per day. Its N95 masks recently received federal NIOSH certification.

The plaintiff alleges false advertising, false designation of origin, trademark dilution, and unfair competition and trademark infringement.

Senior Vice President of BYD Company Ltd, Stella Li (Ke Li) reportedly said that “we want to stop the exploitation of consumers during the coronavirus global pandemic. Tragically, these inferior counterfeit and often defective masks are being distributed to doctors, nurses, first responders, exposing these heroes to increased risk of infection. These counterfeit masks have not gone through the rigorous quality control and regulatory approval process associated with masks manufactured by BYD. The consequences can be very bad.”

“BYD will not condone bad actors using BYD’s brand recognition and trademarks to deceive and harm the public,” Stella Li reportedly said.

BYD Company Ltd is seeking unspecified damages but pledged to donate any money awarded from the lawsuit to COVID-19 relief efforts.

The case is ongoing.

BYD Company Ltd et al v. Khazai et al

Judge: Dolly M Gee
Court: California Central District Court
Case #: 2:20-cv-05530
Nature of Suit: Trademark
Cause: Trademark Infringement
Case Filed: June 22, 2020
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About Nathaniel Adebayo 569 Articles
Nathaniel is a News Reporting Intern at Nigerian Law Intellectual Property Watch (NLIPW). He has a passion for writing, capacity building and social media marketing. He is a graduate of Federal University of Technology, Minna, where he graduated with BTECHAGRIC. He is a member of Soil Science Society of Nigeria (SSSN) and the National Union of Campus Journalist (NUCJ). Nathaniel has served as Editor-in-Chief for a number of magazines and as a contributor to various online repositories. Email: anathaniel@nlipw.com

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