Haynes Boone won a significant victory for P&P Imports LLC in a trade dress infringement lawsuit against Johnson Enterprises LLC, d.b.a. Tailgating Pros. A unanimous jury found Tailgating Pros intentionally infringed P&P's unregistered trade dress in its popular four-in-a-row yard game, awarding P&P all of Tailgating Pros' profits from the sale of infringing goods.
The case in the Central District of California began when P&P Imports found Tailgating Pros marketing an imitation version of its game. The statement victory is also noteworthy because P&P has hundreds of other original products to protect.
Haynes Boone Partner Ken Parker led the firm's intellectual property trial team along with Partner Jason Lao, Associate Andrea Levenson and paralegal David Robertson. Throughout the trial, the group highlighted the deliberate nature of the infringement and showed Tailgating Pros had a pattern of intentional acts, including purchasing P&P's product and using it to create infringing copies.
"This win not only protects P&P's valuable intellectual property, but also makes a statement that infringement won't be tolerated,” Parker said. “We’re proud to have helped P&P protect their brand. A message needed to be sent, and our team delivered it.”
About Haynes Boone
Founded in 1970, Haynes Boone provides a full spectrum of legal services across multiple sectors, including energy, financial services, private equity and technology. The firm’s nearly 700 lawyers practice in 19 offices in California, Colorado, Illinois, New York, North Carolina, Texas, Virginia and Washington, D.C., as well as London, Mexico City and Shanghai. Haynes Boone was recognized in the 2022 BTI Consulting Group’s A-Team report, which identified firms commended by in-house counsel for superior client service, and it was ranked 21st in The American Lawyer’s 2023 Diversity Scorecard, which evaluated 228 participating firms by the diversity of their attorney populations. For more information, visit haynesboone.com.
The case in the Central District of California began when P&P Imports found Tailgating Pros marketing an imitation version of its game. The statement victory is also noteworthy because P&P has hundreds of other original products to protect.
Haynes Boone Partner Ken Parker led the firm's intellectual property trial team along with Partner Jason Lao, Associate Andrea Levenson and paralegal David Robertson. Throughout the trial, the group highlighted the deliberate nature of the infringement and showed Tailgating Pros had a pattern of intentional acts, including purchasing P&P's product and using it to create infringing copies.
"This win not only protects P&P's valuable intellectual property, but also makes a statement that infringement won't be tolerated,” Parker said. “We’re proud to have helped P&P protect their brand. A message needed to be sent, and our team delivered it.”
About Haynes Boone
Founded in 1970, Haynes Boone provides a full spectrum of legal services across multiple sectors, including energy, financial services, private equity and technology. The firm’s nearly 700 lawyers practice in 19 offices in California, Colorado, Illinois, New York, North Carolina, Texas, Virginia and Washington, D.C., as well as London, Mexico City and Shanghai. Haynes Boone was recognized in the 2022 BTI Consulting Group’s A-Team report, which identified firms commended by in-house counsel for superior client service, and it was ranked 21st in The American Lawyer’s 2023 Diversity Scorecard, which evaluated 228 participating firms by the diversity of their attorney populations. For more information, visit haynesboone.com.
