Trademark Protection for HTTMT Motorcycle Products May Be Revoked
On June 2, 2020, a preliminary injunction and temporary restraining order had been placed against the defendants. This means that the defendants’ accounts are in the process of being frozen on Amazon and other e-commerce platforms, and that they will not be able to sell products under the HTT brand or be able to access their funds until further notice, or until they retain their firm to dissolve the injunction or restraining orders.
The plaintiff brand is HTTMT, representing the brand party of HTT Group LLC. HTTMT is a manufacturer and distributor of motorcycle parts and accessories, based in California and operating primarily on the west coast. HTTMT sells motorcycle products in six categories: accessories, body and frame, lighting and electrical, tools and garage, parts, and SP-series springers.
The products for sale by HTTMT include their own products as well as products produced by other companies such as Harley Davidson. The company has been established for over 20 years selling and distributing motorcycle parts, with sales mainly occurring online. HTTMT also tours to exhibitions in various countries to showcase and sell their products.
HTTMT is a registered company on the website and sells its products in the same categories from their own website. Additionally, there are also similar products to those sold by HTTMT that are also sold by other companies.
The trademarks were all filed from November 2016 to February 2017, and approved in October 2017 and March 2018. All three trademarks are currently live.
In the first court filing there are two counts charged by HTT to the defendants, the first of which is trademark infringement and counterfeiting, and the second being unfair competition.
The first cause of action refers to the defendants’ selling of counterfeit HTTMT products containing trademarked insignia. This is in violation of the trademarks registered by HTTMT on those insignia to be included on their products. The defendants sold these counterfeit products without the permission of HTT Group LLC, who is the rightful owner of the trademarks, and HTTMT alleges that the defendants did so with malicious intent.
The second cause of action refers to the defendants’ status as unauthorized sellers, manufacturers, and distributors of the products sold by HTTMT, which can lead to confusion and concern amongst potential customers. The practices in question include defendants using false advertising via social media, using false advertising on online marketplaces themselves, and using fake product names derived from HTTMT trademarks as well as fake addresses for shipping purposes.
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