LOS ANGELES – A Baldwin Park business is accused of infringing a battery pack design.
Makita Corp. and Makita USA Inc. filed a complaint on Feb. 24 in the U.S. District Court for the Central District of California, Western Division against Kastar USA Inc. alleging patent infringement.
According to the complaint, the plaintiffs allege that they were caused to suffer substantial loss and irreparable injury to their business and reputation resulting from defendant's wrongful act of manufacturing, advertising and selling battery products that are confusingly similar to plaintiffs' distinctive design and marks. The plaintiffs hold Kastar USA Inc. responsible because the defendant allegedly caused plaintiffs to suffer lost profits and damages to their business, reputation and goodwill and are likely to cause confusion and mistake in the minds of the public with respect to the origin, affiliation, and source of defendant's products.
The plaintiffs request a trial by jury and seek judgment against defendant; monetary relief; account for all gains, profits, and advantages derived from infringement; disgorge all benefits; restitution; costs of action; attorneys’ fees; costs; disbursements; trebling of damages, and further relief as the court may deem just. They are represented by Michael K. Friedland and Benjamin A. Katzenellenbogen of Knobbe, Martens, Olson & Bear LLP in Irvine.
U.S. District Court for the Central District of California, Western Division Case number 2:17-cv-01537