Schaeffler Technologies AG & Co., KG v. Imex Service, Inc.

Schaeffler Technologies AG & Co., KG v. Imex Service, Inc.

S.D. Fla. (2013)

Fitzpatrick Attorneys Obtain Ex Parte Seizure Order and Temporary Restraining Order on Behalf of Client Schaeffler Technologies AG & Co., KG

Fitzpatrick attorneys successfully petitioned the United States District Court for the Southern District of Miami for an ex parte seizure order and temporary restraining order to thwart the distribution and sale of automobile and light truck clutches and clutch components packaged in boxes that infringed the trademark and trade dress rights of client Schaeffler Technologies. The knock-off packaging copied the logo and the distinctive yellow and black trade dress used by Schaeffler for the packaging of its LuK brand clutches. Pursuant to the Court’s Order, Fitzpatrick attorneys worked with the United States Marshal Service and local law enforcement to confiscate nearly 2000 pieces of infringing product from the defendant’s warehouse near Miami International Airport.