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Penn Engineering and Manufacturing Corp. v. Dongguan Fenggang Pinconn Hardware Factory

United States District Court, D. Nevada

July 24, 2018

PENN ENGINEERING AND MANUFACTURING CORP, Plaintiff,
v.
DONGGUAN FENGGANG PINCONN HARDWARE FACTORY, Defendant

          DICKINSON WRIGHT PLLC Steven A. Caloiaro, John L. Krieger Attorneys for Plaintiff

          [PROPOSED] PERMANENT INJUNCTION ORDER

         This Court, having duly considered Perm Engineering and Manufacturing Corp.'s ("PEM") Motion for Default Judgment and Permanent Injunction against Defendant Dongguan Fenggang Pinconn Hardware Factory ("Pinconn") (ECF No. 12), hereby enters an order of permanent injunction against Pinconn pursuant to Rule 55(b) of the Federal Rules of Civil Procedure.

         Background

         PEM manufactures and sells fasteners, fastener components, and fastener installation equipment using the "PEM Trademarks" identified in Schedule A to this Order, and PEM is the owner of valid rights in and to the PEM Trademarks for use in connection with all goods and services recited in Schedule A. (See ECF No. 1 at Exs. 2 and 3).

         In addition, PEM also possesses substantial United States patent rights including the two design patents at issue in this case (the "PEM Patents") (see ECF No. 1 at Ex. 4):

• U.S. D768.468 (the "'468 Patent") Metal Pin Fastener; and
• U.S. D656.392 (the "'392 Patent") Panel Fastener.

         1. Pinconn's Infringing Conduct

         a. Pinconn's Prior Infringement

         In November 2015, PEM initiated a trademark and patent infringement action in the Eastern District of Pennsylvania against diree Chinese entities: Pemco Hardware, Inc., Dongguan FenggangPemco Hardware Factory, and Shenzhen Pemco Fastening Systems Co., Ltd. (the "Pennsylvania Action") see Perm Eng'g& Mfg. Corp. v. Pemco Hardware, Inc., No. 2:15-cv-6277-GJP (E.D. Pa. filed Nov. 23, 2015). On March 9, 2016, the Court in the Pennsylvania Action granted a preliminary injunction against Defendants. (ECF No. 1, Ex. 1).

         b. Pinconn's Infringement in this Case

         On or around October 13, 2017, PEM discovered the Defendants had re-surfaced and resumed their infringing activities under a new tradename and new trademarks. Then, on October 18, 2017, Pinconn participated as an exhibiting vendor at the Las Vegas International Fasteners Expo. Pinconn was advertising, displaying, offering for sale, and selling infringing products including those identified in Schedule B to this Order (the "Infringing Products").

         On October 18, 2017, PEM initiated the instant action by filing a Complaint for (1) Trademark Infringement; (2) False Designation of Origin/Unfair Competition; (3) Common Law Trademark Infringement & Unfair Competition; and (4) Design Patent Infringement. (ECF No. 1). Default was entered against Pinconn on November 14, 2017 (ECF No. 10). On April 6, 2018, PEM Filed a Motion for Default Judgment and Permanent Injunction. (ECF No. 12). On June 15, 2018, this Court entered an Order granting PEM's Motion for Default Judgment and Permanent Injunction. (ECF No. 14).

         Trademark Infringement & False Designation of Origin/Unfair Competition

         IT IS HEREBY ORDERED that Defendant, its respective officers, agents, servants, employees, attorneys, and any of their successors and assigns, and all persons, firms and corporations, including subsidiaries of related companies, acting in concert with Defendant are permanently enjoined from:

1. Using the PEM Trademarks in any manner in connection with the Protected Goods and Services and/or related goods and services;
2. Using any mark or tradename that is a colorable imitation of or confusingly similar to the PEM Trademarks in connection with the Protected Goods and Services, and/or related goods and services;
3. Publishing, circulating, distributing, selling, merchandising, or using in any manner (including digital form) any labels, signs, prints, boxes, packages, wrappers, receptacles, advertisements, posters, brochures, handbills, catalogs, publicity releases, magazines, stationary, newspapers, booklets, books, pamphlets, photographs, films, audio recordings, video recordings, T-shirts, and any other items in the possession and/or control of Defendants ...

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