SAN FRANCISCO – A Palmdale inventor claims his patented tools are being sold and manufactured without this authorization.
Alden Gajo filed a complaint on Jan. 25 in the U.S. District Court for the Northern District of California against Chicago Brand, Eva Stone and Holly Smith alleging breach of contract, copyright infringement, trademark infringement and other counts.
According to the complaint, the plaintiff alleges that he is the inventor and patent owner of the Alden wrench and that Chicago Brand was one of the distributors selling the wrench. The suit states Stone sold Chicago Brand to Smith.
Gajo alleges that his company, A&S Industrial Tools and Instruments, contracted with K. Fung Trading Co. to manufacture the wrenches but the business relationship was ended. The suit states K. Fung Trading Co. still has the tooling and molds. The plaintiff holds Chicago Brand, Stone and Smith responsible because the defendants allegedly continued to import the wrenches from F. Fung Trading Co. with the plaintiff's trademarks without authorization.
The plaintiff requests a trial by jury and seeks judgment against defendants; unpaid royalties; general, special and actual damages; profits from the alleged infringement; injunctive relief; impound counterfeit products; costs of action; professional fees; and additional relief as the court finds just. He is representing himself.
U.S. District Court for the Northern District of California Case number 4:17-cv-00380