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NORTHERN CALIFORNIA RECORD

Thursday, April 18, 2024

CREE Inc. alleges ILMG, Lumitact sells counterfeit flashlights

Trademark 06

LOS ANGELES – A Goleta business alleges a Missouri corporation is manufacturing flashlights using its marks without permission.

CREE Inc. filed a complaint on Sept. 12 in the U.S. District Court for the Central District of California against ILMG Corp.; Lumitact Inc.; John K. Lewellen III, also known as Trey Lewellen; Bryclen Lewellen; and Does 1-10 alleging trademark infringement.

According to the complaint, the plaintiff is a maker of LED products such as flashlights. The plaintiff holds ILMG Corp.; Lumitact Inc.; John K. Lewellen III, also known as Trey Lewellen; Bryclen Lewellen; and Does 1-10 responsible because the defendants allegedly sell military tactical flashlights that falsely advertised that they are manufactured by the plaintiff and use the plaintiff's trademark.

The plaintiff requests a trial by jury and seeks award plaintiff damages and profits, $2 million per counterfeit mark per type of goods sold, offered for sale, permanent injunctive relief from further infringing plaintiff's trademark, disgorgement, exemplary or punitive damages, all legal fees and any other relief as the court deems just. It is represented by Christopher D. Johnson, Christopher Q. Pham and Marcus F. Chaney of Johnson & Pham LLP in Woodland Hills.

U.S. District Court for the Central District of California Case number 2:16-cv-06820-MWF-RAO

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