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Business Law
False Advertising
Unfair Competition

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)

Michael H. Bierman

Harold L. Collins

Jeffrey D. Wexler


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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