Intellectual Property Law

Paccar Seeks Default Judgment Against Replica Model Truck Maker

By Michael Atkins

Plaintiff Paccar’s PETERBILT truck trade dress (left)
and defendant Malibu International’s replica scaled model truck

Last April, Bellevue-based Paccar Inc. sued former licensee Malibu International Limited for infringing its trade dress by selling replica scaled models of Paccar’s KENWORTH and PETERBILT trucks without permission.

Its complaint alleged: “Defendant is currently selling or in the past has sold, without license, scaled model trucks that are knock offs of scaled model KENWORTH and PETERBILT trucks within the United States. The knock offs are substantially identical to previous model trucks sold by Defendant pursuant to license. Defendant or its manufacturer has altered these scaled model trucks so that they are substantially identical to the prior licensed scaled model trucks sold, except that the PETERBILT and KENWORTH trademarks no longer appear on them. Otherwise, the unique and distinctive design characteristics of each of the brand’s respective trucks has remained substantially the same, making them recognizable to the relevant public.”

Malibu didn’t appear or answer, so on Dec. 23, the Western District deemed it to be in default.

Today, Malibu moved for entry of a default judgment and permanent injunction. If granted, the injunction would enjoin Malibu from infringing Paccar’s trademark rights and compel it to deliver for impoundment and destruction all of its infringing goods.

The case cite is Paccar Inc. v. Malibu International Ltd., No. 09-477 (W.D. Wash.).

Full post as published by Seattle Trademark Lawyer on January 27, 2010 (boomark / email).