Michael Best secured a trademark infringement win on behalf of its client Custom Dynamics LLC, a seller of LED lighting and other electronic equipment for motorcycles, on February 28, 2019. Michael Best obtained an order from the U.S. District Court in Arizona to seize the domain name and corresponding trademark rights for Everything LED Harley Davidson, owned and operated by Michael Schultz, a former Custom Dynamics distributor.
This win follows a $325,000 judgement and permanent injunction that the Michael Best team secured in January 2019 for Custom Dynamics against another competitor for trademark.
Schultz was found liable for intentionally counterfeiting Custom Dynamics’ products and was ordered by the Court to pay $72,624 in damages and attorneys’ fees, which he failed to do. As a result, Michael Best requested that the Court seize the domain name and corresponding trademark rights for Schultz’s eCommerce site, and assign it to a receiver for public auction in satisfaction of the money judgement.
“We’re thrilled with the Court’s ruling and consider it a huge win,” said Anthony Biller, the lead attorney for Custom Dynamics and Managing Partner of Michael Best’s Raleigh office. “Seizing URLs, trademarks and trade names is an effective tool for combatting counterfeiters and for collecting money judgements against them. This is an important victory and is very rarely attempted or accomplished means for satisfying a judgment.”
This matter was led by Anthony Biller and supported by attorney Emily Haas.
The case is Custom Dynamics Incorporated v. Schultz, number 2:18-mc-00011-GM.