April 13 2006.
Yamaha Motor Company, U.S.A.'s General Counsel, Russell D. Jura, announced today that Yamaha obtained a Consent Judgment on March 14, 2006 in its lawsuit against Yamoto Motor Corporation. Yamoto has agreed to stop the import and sale of Yamoto products into the United States which Yamaha claimed were copycats of its products, including Yamaha's Raptor(TM) line of ATVs and TT-R125 off-road motorcycles.
The lawsuit filed October 12, 2005 in Los Angeles Federal Court against Yamoto Motor Corporation and Patriot Motorcycles Corporation (Pink Sheets: PMCY) alleged trademark infringement and copyright infringement, among other claims. On November 22, 2005, Yamaha reached a settlement with Patriot Motorcycles Corporation, with Patriot agreeing to cease the distribution of products under the Yamoto name. Yamaha Motor Corporation, U.S.A., et. al. vs. Yamoto Motor Corporation, et. al., Case No. CV05-7351 RSWL (JTLx).
"Yamoto entered the U.S. market intending to piggy back off of Yamaha's superior brand name recognition by selling inferior copycat products that are in clear violation of our U.S. trademark rights," stated Russell D. Jura. "That simply was not acceptable to Yamaha and we went to court to protect our rights and hard earned reputation."
"This judgment fully vindicates our position," continued Jura, "especially since Yamoto admitted that the Yamoto products that it was selling were copies of Yamaha products and that it was infringing upon Yamaha's reputation and goodwill. We were successful with Yamoto and should we perceive the need to protect our position in the future, we are confident that we will be similarly successful."
The Court has now entered a Consent Judgment which states, in part, that:
-- Yamoto's use of the name YAMOTO violates Yamaha's trademark rights in its trademark YAMAHA(R)
-- Yamoto's use of Yamoto Circle Design Logo violates Yamaha's trademark rights in its Tuning Fork Logo trademark
-- Yamoto's sale of Yamoto Raptor Style ATVs violates Yamaha's trademark rights in the shape, style and overall appearance of Yamaha's Raptor(TM) ATVs
-- Yamoto's sale of Yamoto Motorcycles violates Yamaha's trademark rights in the trade dress of Yamaha Motorcycles
-- Yamoto will cease the importation and sale of Yamoto Raptor Style ATVs and Yamoto Motorcycles