MARSHALL — Whirlpool is suing a refrigerator water filter seller, alleging false designation of origin.
Whirlpool Properties Inc. and Whirlpool Corp. filed a lawsuit Feb. 8 in the Marshall Division of the Eastern District of Texas against Tung Y. Chen, alleging violation of the Lanham Act.
According to the complaint, due to Chen's acts, Whirlpool has suffered and will continue irreparable financial harm unless and until the court renders a decision in its favor. The plaintiffs allege Chen advertised, distributed, offered for sale and sold counterfeit products that infringed on the plaintiffs' federally registered Whirlpool and Everydrop trademarks.
The Whirlpool companies seek trial by jury, preliminary and permanent injunction, immediately restraining Chen from further infringing the plaintiffs' trademarks, an order directing the defendant to pay the plaintiffs' damages of up to $2 million per trademark counterfeited and infringed and all other proper relief. They are represented by attorneys Melissa R. Smith of Gillam & Smith LLP in Marshall, and by Jeffrey D. Harty and David T. Bower of Nyemaster Goode PC in Des Moines, Iowa.
Marshall Division of the Eastern District of Texas Case number 2:17-cv-00117