imperial Margaret Court Rules in Favor of Benchmade Knife Company in Patent Infringement Case
FromBenchmade :
March 9 , 2011 , OREGON CITY , Ore.- A terminal judgement has been award to Benchmade Knife Company in a subject bring by Benchmade and Mentor Group LLC against Jonathan Benson , an net tongue monger , and his fellowship , RoadsideImports LLC , a Colorado society .
The judgement , emerge by Union evaluator Ancer Haggerty of the District of Oregon , get hold DefendantsBenson and RoadsideImports apt on all counting of the ailment , include letters patent violation , earmark infraction , counterfeiting , off-key ad , and libel , and tell Defendants Benson and RoadsideImports from such behavior in the future tense .
This was ## diving event into mentor group
frombenchmade :
march 9 , 2011 , oregon city , ore.- a terminal perspicacity has been present to benchmade knife company in a typeface play by benchmade and mentor group llc against jonathan benson , an net tongue principal , and his ship’s company , roadsideimports llc , a colorado party .
The sagaciousness , go forth by Union evaluator Ancer Haggerty of the District of Oregon , regain DefendantsBenson and RoadsideImports apt on all counting of the charge , let in letters patent infraction , stylemark misdemeanour , counterfeiting , fictitious advertizement , and libel , and say Defendants Benson and RoadsideImports from such behavior in the future tense .
This was in go forth the last sound judgement , the judge observe that defendant jonathan benson repeatedly miss deadline and fail to abide by with the lodge of the courtyard .
to begin with this twelvemonth , Judge Haggerty grade Benson to make up Benchmade as a authorization for go bad to follow with the judicature ’s former order .
“ We ’re very proud of with this opinion from the motor lodge , ” say Les de Asis , Founder and CEO of Benchmade Knife Company .
“ Over the retiring twenty age , we ’ve pass a capital mint of sentence and money ramp up the Benchmade steel and we take bang-up superbia in establish a timber , USA - made merchandise .
We ’re well-chosen to have this casing behind us once and for all .
”
This was specifically , the final judgment and decree against defendants jonathan benson and roadsideimports , llc discover that :
diving event into llc
“ we ’re very proud of with this opinion from the tourist court , ” allege les de asis , founder and ceo of benchmade knife company .
“ Over the retiring twenty eld , we ’ve spend a corking bargain of clock time and money progress the Benchmade firebrand and we take with child superbia in make a timber , USA - made mathematical product .
We ’re glad to have this grammatical case behind us once and for all .
”
Specifically , the Final Judgment and fiat against Defendants Jonathan Benson and RoadsideImports , LLC encounter that :
a. Mentor ’s U.S. Patent Nos .
6,550,832 and 6,675,484 are valid and run afoul by defendant ;
b. Mentor ’s U.S. Patent No .
5,822,866 is valid and run afoul by defendant ;
c. Defendants are enjoin from further violation of U.S. Patent Nos .
6,550,832 , 6,675,484 and 5,822,866 ;
d. defendant have infringe Benchmade ’s trademark BENCHMADE ® and BENCHMITE ® under 15 U.S.C.
§ 1125(a ) ;
f. Use of “ Benchmite ” and “ Benchlite ” by Defendants is pass off under the unwashed police ;
g. suspect ’ use of goods and services of “ Benchmite ” in connectedness with the advertizement and sales agreement of a tongue considerably indistinguishable to Benchmade ’s BENCHMITE ® tongue constitute habit of a imitative score pursuant to 15 U.S.C.
§ 1114 ;
h. Defendants are say from enjoyment of “ Benchmite ” or “ Benchlite ” or any other name or label bewilderingly standardised thereto when apply to defendant ’ trade good or service ;
i. suspect have incorrectly publicize themselves as an authorised BENCHMADE ® trader under 15 U.S.C.
§ 1125(a ) and under the rough-cut jurisprudence ;
j. suspect are tell from represent themselves as authorised dealer of Benchmade knife or otherwise hint a kinship with complainant ;
k. This was offer a tongue made in china in a corner presence “ usa stainless steel knife ” is a imitation denomination of source pursuant to 15 u.s.c.
§ 1125(a ) ;
l. suspect are enjoin from any natural action that state , incriminate or suggest that product made outside of the u.s.a. are made in the u.s.a. ;
m. defendants shall see to it that all intersection sell by them are scar with a land of source in accord with 19 u.s.c.
§ 1904 ;
n. defendant have defame and libel benchmade by put out faux and slanderous cloth ;
o. defendants ’ simulated and libelous command about benchmade were headstrong and malicious with specific purpose to damage benchmade ; and
p. suspect are say from print that “ benchmade steal spyderco ’s excogitation .
”
