Judgment for Yamaha Modifies Yamoto Line-Up
April 13, 2006
Filed under Uncategorized
Yamaha Motor Company, U.S.A., Cypress, Calif., has obtained a Consent Judgment in its lawsuit against Yamoto Motor Corporation, Union City, Calif. Yamoto has agreed to stop the import and sale of Yamoto products into the United States which Yamaha claimed were copycats of its products.
The lawsuit, filed October 12, 2005 in Los Angeles Federal Court against Yamoto Motor Corporation and Patriot Motorcycles Corporation (Pink Sheets: PMCY), alleged trademark infringement and copyright infringement, among other claims.
Yamaha reached a settlement with Patriot Motorcycles Corporation on November 22, 2005, whereby Patriot agreed to cease the distribution of products under the Yamoto name. The judgment against Yamoto was reached March 14.
“Yamoto entered the U.S. market intending to piggy back off of Yamaha’s superior brand name recognition by selling inferior copycat products that are in clear violation of our U.S. trademark rights,” Yamaha General Counsel Russell D. Jura said in a prepared statement. “That simply was not acceptable to Yamaha and we went to court to protect our rights and hard earned reputation.”
The Consent Judgment states, in part, that:
— Yamoto’s use of the name Yamoto violates Yamaha’s trademark rights in its trademark Yamaha
— Yamoto’s use of Yamoto Circle Design Logo violates Yamaha’s trademark rights in its Tuning Fork Logo trademark
— Yamoto’s sale of Yamoto Raptor Style ATVs violates Yamaha’s trademark rights in the shape, style and overall appearance of Yamaha’s Raptor ATVs
— Yamoto’s sale of Yamoto Motorcycles violates Yamaha’s trademark rights in the trade dress of Yamaha Motorcycles
— Yamoto will cease the importation and sale of Yamoto Raptor Style ATVs and Yamoto Motorcycles
“This judgment fully vindicates our position,” Jura said, “especially since Yamoto admitted that the Yamoto products that it was selling were copies of Yamaha products and that it was infringing upon Yamaha’s reputation and goodwill.”