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Mark Schadrack and Ropers Majeski Attorneys Secure Victory on Behalf of Cyclone USA, Inc. - Judge Grants Final Ruling Resulting in Judgment and Settlement of Nearly 3 Million Dollars in Intellectual Property Dispute

6/8/2010

LOS ANGELES, CA – In the case, Cyclone USA, Inc v. LL&C Dealer Services, LLC, U.S. Magistrate Judge Andrew J. Wistrich issued his final ruling in favor of the plaintiff. As a result of the judgment and a prior settlement in the case, the plaintiff has garnered a net victory of nearly $3 million. Cyclone USA sued the defendants for trademark infringement, unfair competition and counterfeiting.The plaintiff sells an aftermarket automotive product known as the “Tornado.” The product, which is a fuel-saving device inserted into a vehicle’s intake tract, was initially manufactured in Korea by Sei Kim dba Korean Industrial Design Company (KIDC).  Cyclone marketed the product in the United States and secured a trademark registration in the “Tornado” name. After a dispute between the parties, Cylcone began manufacturing its own fuel saving device, selling the device using its “Tornado” mark. With the assistance of LL&C Dealer Services, an infomercial company formerly employed by Cyclone, KIDC then began selling its product in the United States, also using the “Tornado” name.Cyclone brought suit against LL&C and KIDC, claiming trademark infringement and related claims. The defendants claimed that Cyclone’s trademark registration should be cancelled, arguing that KIDC was the true owner of the “Tornado” mark. After a nine-day bench trial, Judge Wistrich ruled that Cyclone was the rightful owner of the mark, and therefore found the defendants liable for willful trademark infringement and counterfeiting.Cyclone was represented by Mark Schadrack of Schadrack & Chapman, LLP in Laguna Niguel and Allan Anderson, a partner and managing director of Ropers Majeski Kohn & Bentley’s Los Angeles office. According to Anderson, “We are obviously pleased with the ruling. The defendants blatantly infringed on our client’s intellectual property, and then tried to take that property for themselves. Cyclone is thankful that the Court has put a stop to these deceptive business practices.”
 

About Ropers Majeski Kohn & Bentley
Based in Redwood City, Calif., Ropers Majeski Kohn & Bentley conducts a multi-service practice offering litigation and transactional services to domestic and international businesses and individuals.  The firm's practice areas include appellate; corporate law and business litigation; banking and consumer credit; construction; real estate; employment; environmental; professional liability; intellectual property; insurance coverage, bad faith and regulatory matters; fidelity and surety; product liability; asset protection, estate planning and tax.  For more information, visit www.rmkb.com.