KTM, a well-known motorcycle brand, has recently been seriously hindered in the lawsuit to safeguard the legitimate rights and interests of trademarks. After reviewing and handling the case, Judge Gary Feinerman ruled again on May 26th, Central Standard Time, canceling the preliminary injunction (PI) issued on April 20th against the defendant “Race_ing” and 14 other businesses. This decision means that every defendant who has previously frozen his capital account due to the temporary restraining order (TRO) and the preliminary restraining order (PI) can unfreeze his account.
CaseNo.: 21-cv-1280 Prosecution date: March 8, 2021 Plaintiff company: KTM AG.
Race_ing, the defendant who objected, asked an American lawyer to help attend the trial on May 4th, and filed a defense and counterclaim on the same day. The other 14 merchants also appeared in court on April 29th at the earliest, and on May 13th, all the defendants defended and counterclaimed together. On the 22nd of the same month, the defendant Race_ing objected to the preliminary injunction applied by the plaintiff. Four days later, the remaining 14 businesses also appealed the ban. On the same day, the court issued another order, confirming the objections raised by the two defendants and canceling the previous injunction. Generally speaking, the defendant’s defense cannot take effect on himself alone at the trial, but it does not include other defendants who did not appear in court. Therefore, it is rare for Judge Gary Feinermann to overturn the ruling.
In the defense for the two defendants, the two lawyers in court unanimously stated that KTM brand abused their litigation rights, and many funds unrelated to the case were also frozen illegally. This is to achieve its evil purpose of “stealing” huge amounts of money by “bullying” small and medium-sized suppliers who are unable to find lawyers. Moreover, both lawyers also suggested that KTM could not prove that they applied for the preliminary injunction and the legal order to freeze the defendant’s property in compliance with the relevant burden of proof stipulated by laws and regulations, so this injunction should be cancelled. Of course, the protests raised by the two lawyers also effectively persuaded Judge Gary Feinermann to completely overturn the ruling.
Completely lifting the ban means that in this case, all sellers affected by the frozen account will be unfrozen in a short time. Undoubtedly, this is an exciting news for most sellers who have been “phishing”. However, not all defendants are as lucky as they are, so we once again remind you to ask professionals for help.
WhatApp:+86 156 8077 8360
WeChat search follows the public platform "麦家支持":
● Input the US case number to real-time query the case filing time/latest progress
● Check if the case is in default judgment (important)
● Investigate the settlement/response/withdrawal of other defendants and sellers in the case in the United States
If reprinted, please indicate the source: https://worldtro.com/archives/26611
