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Whirlpool Properties, Inc. v. Elite Fulfillment Center LLC

United States District Court, W.D. Michigan, Southern Division

February 13, 2018

WHIRLPOOL PROPERTIES, INC. a Michigan corporation, and WHIRLPOOL CORPORATION, a Delaware corporation, Plaintiffs,
v.
ELITE FULFILLMENT CENTER LLC, a New Jersey limited liability company; MICHAEL MAKRILOS, an individual; EMPIRE SAVINGS LIMITED LIABILITY COMPANY, a New Jersey limited liability company; XIJIN WU, an individual; OMER DEMIRCAN, an individual; FEVZI ARIF, an individual; No. 1 ONLINE DEALS LIMITED LIABILITY COMPANY, a New Jersey limited liability company; TOP NOTCH APPLIANCE STORE LIMITED LIABILITY COMPANY, a New Jersey limited liability company; DIRECT SOURCE FILTERS LIMITED LIABILITY COMPANY, a New Jersey limited liability company, Defendants.

          CONSENT JUDGMENT AND PERMANENT INJUNCTION

          HON. PAUL L. MALONEY UNITED STATES DISTRICT JUDGE

         This matter comes before the Court on the joint Motion of Plaintiffs Whirlpool Properties, Inc. and Whirlpool Corporation (hereinafter collectively “Whirlpool”) and certain of the Defendants in this action, namely, Elite Fulfillment Center LLC, Empire Savings Limited Liability Company, Number 1 Online Deals Limited Liability Company, Top Notch Appliance Store Limited Liability Company, and Direct Source Filters Limited Liability Company (hereinafter collectively “Defendants”).

         WHEREAS, this Consent Judgment and Permanent Injunction concerns Whirlpool's claims of trademark counterfeiting, trademark infringement, false designation of origin, and unfair competition against the Defendants in this Civil Action No. 1:16-cv-00480 (hereinafter the “Litigation”); and

         WHEREAS, Whirlpool and Defendants request this Consent Judgment and Permanent Injunction be entered in the above-captioned case against Defendants; and

         WHEREAS, Whirlpool owns United States trademark registrations for the trademark WHIRLPOOL covering “domestic water filtration units and parts therefor (Reg. No. 1837512), “home water filtration devices” (Reg. No. 2955751), “refrigerators and freezer chests” (Reg. No. 0626550) and “refrigerators, freezers, and combination refrigerator-freezers” (Reg. No. 0937550); as well as registrations for the following trademark covering “ domestic water filtration units and parts therefor” (Reg. No. 1832111) and “refrigerators, combination refrigerator-freezers” (Reg. No. 1251511):

         (Image Omitted)

         and Whirlpool owns a registration for EVERYDROP for “refrigerator water filters; water filtration pitchers sold empty and portable water filter bottles sold empty” (Reg. No. 5232741) and for the following trademark covering “refrigerator water filters; water filtration pitchers sold empty, and portable water filter bottles sold empty” (Reg. No. 4679632):

         (Image Omitted)

         All the foregoing trademarks are collectively referred to herein as “the WHIRLPOOL Marks”.

         WHEREAS, in the Litigation, Whirlpool alleged that Defendants were using the WHIRLPOOL Marks in U.S. commerce on counterfeit and infringing refrigerator ice and water filters and in connection with the advertising, promotion, sale, and distribution of such filters to consumers nationwide, and Defendants filed an Answer denying the salient allegations of those claims;

         WHEREAS, in the Litigation, Whirlpool alleged it would be irreparably harmed if Defendants were not enjoined from continuing such counterfeiting and infringing activities;

         WHEREAS, in the Litigation, Whirlpool requested that this Court enter a permanent injunction enjoining Defendants from infringing the WHIRLPOOL Marks or any other marks confusingly similar thereto, and from otherwise competing unfairly with Whirlpool in any manner;

         WHEREAS, Whirlpool and Defendants have reached an agreement to finally settle the Litigation as set forth in this Consent Judgment and Permanent Injunction and a separate Settlement Agreement which has already been executed;

         WHEREAS, the parties' agreement extends to Whirlpool's other primary trademarks that are also currently registered, namely, MAYTAG, JENN-AIR, AMANA, ...


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