K&N Engineering Inc. v. Spectre Performance Inc.
Published: Dec. 3, 2011 | Result Date: Nov. 14, 2011 | Filing Date: Jan. 1, 1900 |Case number: EDCV 09-01900-VAP (DTBx) Verdict – $7,300,000
Court
USDC Central
Attorneys
Plaintiff
Thomas S. Kidde
(Lewis, Brisbois, Bisgaard & Smith LLP)
Defendant
John V. Picone III
(Hopkins & Carley)
Jennifer S. Coleman
(Hopkins & Carley)
Jedidiah L. Dooley
(Hopkins & Carley)
Experts
Plaintiff
Frank Chambers
(technical)
Jeffrey H. Kinrich
(technical)
Defendant
Christian Tregillis
(technical)
Facts
K&N Engineering Inc. and Spectre Performance Inc. sell competing performance automotive air filters and air intake systems.
Contentions
PLAINTIFF'S CONTENTIONS:
K&N filed suit against Spectre for false advertising, alleging claims under the Lanham Act and for statutory false advertising, statutory unfair competition, and common law unfair competition. K&N alleged that Spectre falsely advertised the performance capabilities and legality for street use in California of certain of its products
DEFENDANT'S CONTENTIONS:
Spectre countersued K&N for false advertising, alleging claims under the Lanham Act and for statutory false advertising, statutory unfair competition, and common law unfair competition. Spectre alleged that K&N falsely advertised the performance capabilities of its air intake systems and that K&N was responsible for advertisements placed by one of its customers.
Result
The jury awarded K&N $7.3 million in damages and found in favor of K&N as to all of Spectre's counterclaims. The Court will be ordering injunctive relief against Spectre.
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