P&P Imports LLC Secures Significant Legal Victory Over Tailgating Pros in Trade Dress Infringement Case

GoSports 3 Foot 4-In-A-Row Game

P&P Imports LLC, a dynamic player in the consumer goods market known for its acclaimed GoSports brand, achieved a landmark victory in a trade dress infringement lawsuit against Johnson Enterprises LLC, doing business as Tailgating Pros. The jury unanimously found Tailgating Pros liable for intentional trade dress infringement, awarding P&P Imports LLC all of Tailgating Pros' profits it earned by the sale of infringing goods. The judgment was entered in favor of P&P Imports on February 12, 2024, by the Central District of California, under case number 8:19-cv-00523-DOC-JDE.

The dispute began when P&P Imports identified an imitation version of its distinctive four-in-a-row game being marketed by Tailgating Pros. The case highlighted that Tailgating Pros was also misrepresenting their product's size and distributing a smaller infringing product to consumers.

Representing P&P was the skilled legal team from Haynes and Boone, LLP, including Ken Parker, Jason Lao, and Andrea Levenson, along with P&P's General Counsel, Casey H. Kempner. Parker masterfully narrated P&P’s evolution from its inception in 2007, when its first product was conceptualized on the back of a pizza box, to its status today as a premier designer of games and sporting goods.

The trial team argued that Tailgating Pros' actions were not innocent or accidental, but rather Tailgating Pros' product was the result of intentional infringement. The jury agreed. Mr. Parker made their decision easy by artfully presenting the facts including walking the jury through a pattern of intentional acts wherein Tailgating Pros purchased P&P's GoSports product and sent it to China to make infringing copies—which Tailgating Pros continued to sell for several years after P&P filed its complaint. Despite defense efforts by Fox Rothschild LLP, the jury rejected Tailgating Pros’ claim of innocence in trade dress infringement and found Tailgating Pros liable.

Casey H. Kempner, P&P Imports' General Counsel, commented on the judgment's broader implications: "This verdict sends a clear message to infringers that deliberate copying of a competitor that results in consumer confusion will not be tolerated."

P&P’s leadership team, Peter Tanoury and Peter Engler, expressed their gratitude towards the jury's decision to halt the infringement. "This case transcended mere financial losses; it was about taking a stand against the deliberate infringement of intellectual property, which ultimately harms consumers," stated Tanoury. Engler added, "Healthy competition fosters innovation. The infusion of misleading knockoffs into the market harms everyone. It's disheartening for consumers to navigate through a plethora of counterfeit products while seeking authentic ones."

Source: P&P Imports, LLC

About P&P Imports, LLC

P&P Imports, a leading sporting goods and outdoor games enterprise with more than 1,000 fun-in-the-sun recreational products and proudly appeared on Orange County Business Journal's "Fastest-Growing Private Companies"

P&P Imports, LLC
17352 DERIAN Ave
Irvine, CA


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