U.S. News | Whirlpool Sues Pricebreak Over Counterfeit Fridge Filters

Property
Image Credit: © Crodenberg | Dreamstime

On June 4, home appliance maker, Whirlpool filed a suit against Pricebreak, sellers of water filters for refrigerators. The suit was filed in the U.S. District Court for the Eastern District of Texas Marshall Division over alleged counterfeiting, trademark, and patent infringement.

The lawsuit alleges that the defendant infringe Whirlpool’s main brand and trademarks including ‘Maytag’, ‘Amana’ and ‘Jenn-Air’ (household appliances), ‘KitchenAid’ (kitchen appliances) and ‘EveryDrop’ (refrigerator water filters).

The lawsuit cited U.S. Patent Number 7,000,894, called “Fluidic cartridges” which covers Filter 1 and Filter 3 of Water Filters that has been infringed by the defendant.

The plaintiff sued the defendant on four counts which include breach of settlement agreement; counterfeiting; trademark infringement; and false designation of origin.

According to the lawsuit, the plaintiff accuses the defendant of using its trademark on counterfeit refrigerator water filters without permission which has caused serious damages and unfair competition.

The plaintiff stated that they have sued the defendant in April 2016 for infringing their ‘894 patent which was resolved and an agreement signed which was effective June 2016.

Sadly, the defendant has failed to stop manufacturing, using, offering to sell, selling, importing and/or distributing products that infringe the ‘894 patent.

The plaintiff seeks a preliminary and permanent injunction against the sale of the trademark-infringing goods plus triple damages, and a permanent injunction for patent infringement, among other forms of relief.

Case Information

Case Name: Whirlpool Properties, Inc. et al v. PriceBreak, LLC

Texas Eastern District Court
Judge: Rodney Gilstrap
Case #: 2:18-cv-00238
Nature of Suit 840 Property Rights – Trademark
Cause 15:1114 Trademark Infringement
Case Filed: Jun 04, 2018
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About Nathaniel Adebayo 198 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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