Bushwacker Accused of Serial Patent Infringement of Hood Protectors

Lund, Inc. (“Lund”), a Delaware corporation with headquarters in Buford, Georgia, initiated a patent infringement action against Bushwacker, Inc., and Bushwacker Automotive Group, LLC (“Bushwacker), Oregon entities, relating to United States Patent No. 5,755,483 (the ‘483 Patent) entitled “Vehicle Shield Device.”

Lund alleged that Bushwacker acquired molds used to make infringing products from Kalot Industries, Inc. d/b/a Stampede Products, Inc. (“Stampede”).  Although Stampede was licensed to manufacture and sell patented products, the license was not assignable without Lund’s consent, which was neither sought nor obtained by Bushwacker.  Lund asserts that Bushwacker “manufactured, used, sold, and/or offered for sale” infringing vehicle shields, including the Stampede VP (Vigilante Premium) Series Hood Protectors and Stampede LP (Low Profile) Hood Protectors.  Images of the VP and LP Hood Protectectors appear below:
Bushwacker is accused of willful infringement and induced infringement by selling the allegedly infringing hood shield products along with installation instructions.  Lund seeks an injunction, damages, trebled damages, attorney’s fees, and costs.

The case is Lund, Inc. v. Bushwacker, Inc., and Bushwacker Automotive Group, LLC, No. 1:14-cv-01720-TWT, filed in the U.S. District Court for the Northern District of Georgia, Atlanta Division, on May 22, 2014, and is assigned to U.S. District Judge Thomas W. Thrash.

 

 

 

 

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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