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 Name: Whirlpool Properties, Inc. et al v. PriceBreak, LLC
|Texas Eastern District Court|
|Nature of Suit||840 Property Rights – Trademark|
|Cause||15:1114 Trademark Infringement|
|Case Filed:||Jun 04, 2018|