Los Angeles, CA — On behalf of firm client Anhing Corporation, Karish & Bjorgum has obtained a jury verdict finding that Anhing’s former supplier engaged in willful trademark infringement of Anhing’s federally registered MY-THO trademark. Karish & Bjorgum was brought in just a few weeks before the federal trial date.
Anhing imports over 3,000 different food products from Asia, including many of its own brands. It has been using the MY-THO trademark since 1980 on its rice noodle and rice paper products. MY-THO was one of the first food brands created by Anhing founder Henry Ly after his 1980 arrival in Los Angeles following escape from Communist Vietnam. Anhing alleged that Defendant Thuan Phong Company began producing infringing products around 2010, after serving for years as a manufacturer of a different Anhing branded rice product.
The federal jury rejected Thuan Phong’s contention that, because its products are made in the Vietnamese city of “MỸ THO,” it was engaged in a fair use of the MY-THO registered mark. The jury further found that Anhing has protectable trade dress in its product packaging and rejected Thuan Phong’s counterclaim of false advertising.
Even though the firm was a late arrival, Karish & Bjorgum quickly got up to speed, preparing and successfully arguing a last-minute motion for summary judgment and attending depositions of numerous newly identified witnesses. The firm’s trial team consisted of founding partners Eric Bjorgum and Marc Karish, assisted by co-counsel Jeffrey Kobulnick of Ezra Brutzkus Gubner LLP.
The result further confirms Karish & Bjorgum’s core belief that expertise in intellectual property prosecution is an invaluable tool for successful litigation.
Anhing will soon be filing its post-trial motions for requesting a permanent injunction and attorneys’ fees.