K And N Engineering, Inc. v. Bulat

510 F.3d 1079 (9th Cir. 2007)

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Nature of the Case

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Facts

P manufactures, and distributes aftermarket automotive air filters, air intake kits, and related products. P's stylized logo appears on decals included with many of P's products. P has separately distributed decals bearing its logo to enthusiasts through an internet promotion. P became aware that Ds were selling unauthorized decals bearing the K&N logo on eBay. Ds sold 89 sets of these decals (two decals per set) for a total of $ 267. P filed a complaint alleging trademark infringement under 15 U.S.C §§ 1114(1) and 1125(a); trademark counterfeiting under 15 U.S.C. § 1114(1)(a); trademark dilution under 15 U.S.C. § 1125(c); and related state law statutory and common law causes of action. The district court granted P's summary judgment motion on all claims. The district court awarded P statutory damages of $20,000 and attorney's fees of $100,000. Ds appealed.