American Honda Motor Co. v. Pro-Line Protoform

FINAL JUDGMENT AND PERMANENT INJUNCTION

I. INTRODUCTION

Plaintiff American Honda Motor Co., Inc. (“Honda”) brought this action against Defendant Pro-Line Protoform and D.T. Mattson Enterprises, Inc. (together, “Defendant” or “Pro-Line”) to enjoin Pro-Line from infringing Honda’s trade dress by manufacturing model car bodies in the distinctive shapes of Honda’s world-famous HONDA® and ACURA® automobiles and from infringing Honda’s trademark rights by embossing such model car bodies with counterfeits of Honda’s registered trademarks and packaging them for sale with decal sheets bearing counterfeits of Honda’s registered trademarks.

Honda alleged claims for federal trade dress and trademark counterfeiting and infringement, dilution, and false designation of origin and false advertising under Sections 43(c), 32(1), and 43(a) of the United States Trademark Act of 1946, as amended (the “Lanham Act”), and trademark infringement under common law. The parties stipulate to the following findings of fact and conclusions of law, and consent to entry of a Permanent Injunction as set forth below. Accordingly, the Court enters the following:

II. FINDINGS OF FACT

Honda is a California…