Dismissal Of MillionDollar Trademark Infringement Lawsuit Against Brisaki LLC Regarding Yamaha Powered Dune Buggies



Arizona-based Brisaki, LLC, formerly doing business as Awesome Buggies, has obtained a full dismissal of a million-dollar trademark infringement lawsuit filed by Q-Electric, LLC of Encinitas, California. Q-Electric reportedly manufactures and distributes dune buggies under the "XATVusa" label. In October of 2007, Q-Electric filed a lawsuit in U.S. District Court for the Southern District of California alleging that Brisaki, LLC, and other named defendants, infringed on its purportedly "registered" trademark for "XATVusa".(Q-Electric LLC v. Brisaki LLC, et al. U.S. District Court, Southern District of California, Case No. 07CV2093).

However, according to publicly available records at the United States Patent and Trademark Office, Q-Electric had never obtained a trademark registration for the "XATVusa" mark. In fact, according to USPTO documents, Q-Electric's trademark application for the "XATVusa" mark was suspended by the USPTO on December 19, 2007. Nonetheless, even after the trademark application suspension, Q-Electric continued to erroneously claim in court pleadings that it owned a "registered" trademark in "XATVusa".

In court papers, Brisaki, LLC repeatedly denied any wrongdoing and vigorously defended against the trademark infringement charges. In late February 2008, Magistrate Judge Nita L. Stormes sanctioned both Q-Electric and its then counsel of record for violating her order to appear in court. On April 8, 2008, Judge Stormes ordered Q-Electric to appear in federal court on April 22nd to explain why additional sanctions against Q-Electric should not be imposed, including the possible termination of all of Q-Electric's claims.

On April 16, 2008, the court issued an order formally dismissing Brisaki, LLC from the lawsuit. Q-Electric's case against the other named defendants and its required April 22nd appearance in federal court remain pending.

Brisaki, LLC was represented by Andres Quintana, Esq. and John Houkom, Esq. of the Quintana Law Group, APC. For more information about the Quintana Law Group, APC or this lawsuit, please visit www.qlglaw.com or call (818) 914-2100.





Dismissal Of MillionDollar Trademark Infringement Lawsuit Against Brisaki LLC Regarding Yamaha Powered Dune Buggies




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