Custom Chrome, Inc. Sued by Performance Machine Inc. for Design Patent and Trade Dress Infringement
20 January 2000
Custom Chrome, Inc. Sued by Performance Machine Inc. for Design Patent and Trade Dress Infringement
LA PALMA, Calif)--Jan. 20, 2000--Of Its "Twister" Motorcycle Wheel
Performance Machine Inc. filed suit yesterday in Los Angeles Federal Court for design patent and trade dress infringement and unfair competition. The complaint alleges that Custom Chrome, Inc. (CCI) and co-defendant Weld Wheels manufactured and sold motorcycle wheels that replicate their "Twister" patented design. Plaintiff also seeks to enjoin Defendants from its continued infringement. Judge Alice Marie Stotler will preside over the case (No.SACV-00-56 AHS (EEx)). Performance Machine Inc. is represented by William E. Levin and William C. Cray with Levin & Hawes based in Laguna Beach, CA.
Performance Machine Inc. president Perry Sands filed for a patent on July 11, 1997 for a billet wheel he designed, which was awarded August 10, 1999 by the US Patent Office (US Design Patent No. 412,691) and is now popularly known as the "Twister." Earlier, Sands had assigned his "Twister" patent rights to Plaintiff on June 27, 1997.
Performance Machine Inc. is an international aftermarket manufacturer and seller of motorcycle disc brakes and wheels founded in 1970 by Sands, age 52, and his wife, Nancy, age 50.
In October, 1999, Sands saw that CCI was offering the T.S.6 motorcycle wheel for sale in its catalog and noted that it seemed substantially similar to the "Twister" motorcycle wheel. In November, 1999, while attending the "Love Ride" motorcycle trade show and muscular dystrophy fund raiser in Lake Castaic, CA, he expressed his objection over the infringement to both CCI's chief executive officer and vice president of sales. Defendants ignored Plaintiff. To protect the integrity of their patent and business reputation, Performance Machine Inc. sought legal counsel and filed this lawsuit.
"Countless hours were invested in developing the `Twister' and bringing it to market, where it has enjoyed immediate success," said Perry Sands, Performance Machine Inc. president,"because, in part, it carries the cache of a patented design from our company. We do not lightly tolerate patent infringers and are confident that this lawsuit will put an end to the growing confusion among consumers created by CCI's copy cat of our `Twister' wheel."
"Imitation is not always the sincerest form of flattery," said William E. Levin, Plaintiff's counsel, "and this case appears to be a clear example of the unauthorized use of a unique, proprietary design. Such disregard, whether it comes from an individual or a corporate entity, is contrary to the patent and trade dress laws in this country. We look forward to helping Performance Machine assert their rights and putting an end to any further infringement of their `Twister' patent."
Performance Machine Inc. is based in La Palma, Calif.; telephone: 714/523-3000. The "Twister" can be seen by visiting the company's Website: http://www.performancemachine.com.