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Intellectual Property
Trademark Infringement
Counterfeiting

Kaloud Inc. v. Shisha Land Wholesale Inc. and Does 1-10, Inclusive

Published: Nov. 26, 2016 | Result Date: Jun. 8, 2016 | Filing Date: Jan. 1, 1900 |

Case number: 2:15-cv-03706-RGK-PJW Verdict –  $2,000,000

Court

USDC Central


Attorneys

Plaintiff

Peter R. Afrasiabi
(One LLP)


Defendant

Louis F. Teran


Facts

Kaloud Inc. sued Shisha Land Wholesale Inc. involving allegedly fake hookahs.

Contentions

PLAINTIFF'S CONTENTIONS:
Plaintiff manufactured hookahs and sold them online. Plaintiff allegedly hired an investigator to purchase 20 hookahs from defendant's store. Defendant was a wholesaler of hookahs. Plaintiff accused defendant of selling knockoffs of plaintiff's hookahs, including its "Lotus" hookah, constituting trademark infringement and violation of the Lanham Act.

DEFENDANT'S CONTENTIONS:
Defendant denied selling knockoffs, maintaining all hookahs sold were genuine.

Result

The judge found that the subject hookahs were knockoffs, infringing Kahloud's trademarks. The jury then found that the infringement was willful and that damages totaled $2 million in statutory damages, including $400,000 for each infringed trademark. The verdict was reduced to $1.2 million post-trial.

Other Information

FILING DATE: May 15, 2015.


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