KTM is an Austrian manufacturer of motorcycles, which was born in 1934. Its strong point is cross-country motorcycles, and its performance is excellent. It has won many prizes in cross-country competitions. In Dakar, there are often spectacular scenes in which the top five players are all driving KTM chariots. In Dakar in 2007, there were two sponsor teams: Coma, the well-known driver of REPSOL.KTM, and GAULOISES.KTM, a French sponsor. Many other grassroots drivers chose KTM racing cars, which shows that KTM’s performance in off-road is widely respected.
In 2021, there appeared a series of successful cases in which the defendant responded to KTM, the case number was 21-cv-01280. According to reports, Judge Gary Feinerman, who tried this case, has made a decision to completely overturn the preliminary injunction (PI) issued on April 20, 2021 at the request of the defendant “Race_ing” and 14 other stores. The impact of this decision is enormous. All defendants whose accounts have been frozen due to temporary injunction (TRO) and preliminary injunction (PI) will be unfrozen. This means that the defendant can resume normal business and protect his own interests.
In this case, KTM abused litigation rights and illegally frozen a large number of funds unrelated to the case, which actually violated the law. The two lawyers who appeared in court strongly opposed this behavior and successfully persuaded the judge to make a decision to completely overturn the ban. Now all the affected sellers will be unsealed in a short time, which is exciting and good news. If something similar happens, you must seek professional help in time to better protect your rights and interests.
Basic information of the case
Time of prosecution: April 4, 2023
Case number: 23-cv-2106
Brand: KTM AG
Law firm: HSP
Summary of cases in recent two years
Prosecution time, case number, brand of law firm, brand side
2022/3/21 22-cv-1457 HSP KTM motorcycle KTM AG
2022/2/9 22-cv-709 HSP KTM motorcycle KTM AG
2022/1/27 22-cv-467 HSP KTM motorcycle KTM AG
The latest development of the case
Brand information
Austrian motorcycle manufacturer KTM is a world-famous off-road vehicle developer. In recent years, the only motorcycle team in Dakar that can achieve “seeking defeat but not getting it” is KTM.
There are five main trademarks sued by KTM, four of which are KTM and the other is DUKE, which are 3606168, 3547084, 3440999, 3436150 and 4650809 respectively. The goods and services involved cover all kinds of motorcycles, bicycles, mopeds and their accessories, related competition organizations, clothing, leather products and maintenance services.
Trademark copyright information
Examples of infringement
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