Tags
Breach of Contract, Breach of Fiduciary Duty, Conversion, Fraud, Litigation Update, Michael W. Mosman, Trademark Infringement
Defendants Yamaguchi and Ho are alleged to have used their position as managers at Nike to steal unique and/or custom athletic footwear in order to profit from the sale of those shoes to collectors of rare athletic shoes, known in the industry as “Sneakerheads.” These defendants allegedly lied to Nike and its manufacturers by misrepresenting that the shoes would be used for promotional and marketing purposes in order to trick them into manufacturing inventory for the illicit scheme. Defendant Keating allegedly acted as the middle-man in the unlawful enterprise by knowingly purchasing and re-selling the stolen footwear obtained by Yamaguchi and Ho.
Nike brings this action to recover the stolen shoes, recover the illicit gains obtained by Defendants from the sale of the stolen goods, to obtain an injunction preventing Defendants from continuing to participate in the illicit sale of stolen Nike goods, and to seek an award of punitive damages.
Nike Inc. v. Tung Wing Ho et al
Court Case Number: 3:14-cv-00696-MO
File Date: Monday, April 28, 2014
Plaintiff: Nike Inc.
Plaintiff Counsel: Paul H. Trinchero, Robert C. Weaver Jr. of Garvey Schubert Barer
Defendant: Tung Wing Ho, Denise Wei-Ching Yee, Kyle Keoki Yamaguchi, Shu-Chu Yamaguchi, Jason M. Keating
Cause: Trademark Infringement, Conversion, Fraud, Breach of Fiduciary Duty, Breach of Contract
Court: District of Oregon
Judge: Judge Michael W. Mosman
Defendant Kraff’s is a retailer operating a clothing store that markets and sells apparel, blankets, and related products in Toppenish, Washington. From approximately 1941 until 2006, Kraff’s was a wholesale customer of Plaintiff. Kraff’s has allegedly continued to purchase product from a Doe defendant after termination of their sales contract with Plaintiff, thus making them an unauthorized reseller of Plaintiff’s goods. Plaintiff brings this lawsuit with numerous copyright claims based on their distinctive designs and trademark claims based on the unauthorized use of their company name.
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Oregon Intellectual Property Blog 