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Automobile Manufacturing Companies That Produce High Performance Vehicles

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STATEMENT OF THE CASE
A. Statement of Facts Plaintiff Automobili Lamborghini S.p.A. (Lamborghini) and Defendant, American Expedition Vehicles, Inc. (Defendant) are both automobile manufacturing companies that produce high performance vehicles. J.A. at 2. Volkswagen Group owns Lamborghini through its subsidiary, Audi. J.A. at 15. Defendant purchases Jeep Wranglers from the Chrysler Group and customizes them with accessories. J.A. at 25. Starting in 2015, dealerships reported to Lamborghini that they have received phone calls from individuals who expressed confusion over whether a Defendant vehicle was produced by Lamborghini. J.A. at 19. The first caller, a previous Lamborghini owner, expressed confusion over the source of the vehicle …show more content…

J.A. at 17. Lamborghinis appeared in other popular TV shows and movies, such as: The Dark Knight Rises, Zero Dark Thirty, Date Night, CSI, Burn Notice, The Mentalist, and is the main character in the upcoming Transformers 4 movie. Id. Below are pictures of Lamborghinis in a Transformers 4 promotion and at the 2015 Auto Show. J.A. at 80, 84. Lamborghini provides vehicles that are primarily used for high-speed races or sleek, leisurely drives. J.A at 12. Defendant purchases Jeep Wrangles from the Chrysler Group and customizes them with accessories that their customers choose. J.A. at 25. Defendant’s vehicles cost up to $200,000, depending on the upgrades and accessories the customer wants. J.A. at 26. Lamborghini’s vehicles range from $171,000 to around $400,000, but it cost more if the customer wants extra features. J.A. at 13.
B. Procedural History This case involves one automobile manufacturing company suing another car automobile manufacturing company for trademark infringement, specifically likelihood of confusion. In 2015 and early 2016, some of Lamborghini’s customers expressed confusion over whether the company produced all-terrain vehicles after the customers saw the mark on a car manufactured by Defendant. J.A. at 19. On September 1, 2016, Lamborghini filed a complaint seeking an injunction under the Lanham Act, 15 U.S.C. §1114(1)-(2)(A) (2012), alleging Defendant’s trademark

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