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Whirlpool Properties, Inc. v. Filters Fast, LLC

United States District Court, W.D. North Carolina, Charlotte Division

May 28, 2019

WHIRLPOOL PROPERTIES, INC., WHIRLPOOL CORPORATION, and MAYTAG PROPERTIES, LLC, Plaintiffs,
v.
FILTERS FAST, LLC, Defendant.

          CONSENT JUDGMENT AND PERMANENT INJUNCTION

          Frank D. Whitney, Chief United States District Judge.

         THIS MATTER is before the Court on the joint motion of Plaintiffs Whirlpool Properties, Inc., Whirlpool Corporation, and Maytag Properties, Inc. (“Maytag”) (collectively, “Whirlpool”), and Defendant Filters Fast, LLC (“Filters Fast”). (Doc. No. 192).

         WHEREAS, Whirlpool Properties is the owner of United States Trademark Registration Nos. 4, 983, 312; 1, 251, 511; 1, 670, 524; 937, 550 and 626, 550 (the “Whirlpool Registrations”), United States Trademark Registration Nos. 5, 232, 741 and 4, 697, 632 (the “EveryDrop Registrations”), United States Trademark Registration Nos. 2, 520, 284; 2, 520, 285 and 1, 585, 507 (the “KitchenAid Registrations”), and other trademarks;

         WHEREAS, Maytag is the owner of United States Trademark Registration Nos. 868, 637; 2, 638, 631; 4, 210, 316; and 2, 258, 041 (the “Maytag Registrations”). The Maytag Registrations, the Whirlpool Registrations, the EveryDrop Registrations, and KitchenAid Registrations are collectively referred to herein as the “Whirlpool Marks”;

         WHEREAS, Filters Fast is a distributor and seller of replacement water filters manufactured by Space Flex, LLC (“Space Flex”) bearing model no. WF537 (the “WF537 Filter”), which is compatible with the Whirlpool “Filter 1” design, and model no. WF710 (the “WF710 Filter”), which is compatible with the Whirlpool “Filter 3” design and other water filter products;

         WHEREAS, Filters Fast has used the Whirlpool Marks, without Whirlpool's consent, in connection with the advertising, promotion, sales, and distribution of WF537 Filters and WF710 Filters and other water filter products;

         WHEREAS, Whirlpool sued Filters Fast in this Court for trademark infringement, false designation of origin, false advertising, and unfair and deceptive trade practices, and that action remains pending as Whirlpool Properties, Inc. v. Filters Fast, LLC, Civil Action No. 3:17-cv-601-FDW-DCK (the “Litigation”);

         WHEREAS, a jury verdict in the Litigation (Doc. No. 161) was filed on March 13, 2019, which jury verdict found that Filters Fast engaged in trademark infringement, false designation of origin, false advertising, and unfair and deceptive trade practices;

         WHEREAS, Filters Fast acknowledges that its use of the Whirlpool Marks, without Whirlpool's consent, constitutes (a) infringement thereof in violation of 15 U.S.C. § 1114, (b) a false designation of origin and infringement of Whirlpool's common law rights in the Whirlpool Marks, and (c) false advertising in violation of 15 U.S.C. §1125(a);

         WHEREAS, Filters Fast acknowledges that it has engaged in willful unauthorized advertising, promotion, sales, and distribution of water filters bearing the Whirlpool Marks in manners that constitute unfair and deceptive acts and practices which affect commerce under N.C. G.S.A. § 75-1.1;

         WHEREAS, Whirlpool and Filters Fast have reached an agreement to settle the Litigation as set forth in this Consent Judgment and Permanent Injunction and a separate Settlement Agreement that is contemporaneously and separately being executed;

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

         WHEREAS, Whirlpool and Filters Fast each acknowledge this Court has subject matter jurisdiction in this proceeding and, further, consent to personal jurisdiction in the Western District of North Carolina for ...


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