Announcement on the Settlement of a Lawsuit – Triple Point Technology, Inc. v. Fendahl Technology, L
This is to announce that on the June 18, 2018, Fendahl Technology LLC entered into a settlement concerning a lawsuit filed upon us on October 5, 2017.
1) Party who filed the Lawsuit against Fendahl Technology LLC: –
Triple Point Technology, Inc.
2) Content of the Lawsuit: –
Triple Point Technology Inc. filed a lawsuit against Fendahl Technology LLC asserting claims against Fendahl for trademark infringement, unfair competition and false designation of origin, trademark dilution, business disparagement, tortious interference with prospective business relations, and unjust enrichment ("the Action").
Triple Point filed a First Amended Complaint on March 7, 2018 asserting claims against Fendahl for trademark infringement, unfair competition and false designation of origin, business disparagement, and tortious interference with prospective business relations.
Fendahl denies that it has committed any act of trademark infringement or any other tort or violation alleged in the original Complaint or First Amended Complaint.
Triple Point and Fendahl have agreed to resolve and terminate the Action on the terms set forth below.
3) Content of the Settlement: –
Trademark Disclaimer: To the extent Fendahl refers to "Commodity XL", "CXL" or "Triple Point" (each a "Registered Trademark") on its website or other marketing materials, such reference will be accompanied by a disclaimer and in a font size not smaller than 2 points less than the font size of the predominant text on such page. The disclaimer shall state: "[Registered Trademark] is a registered trademark of Triple Point Technology, Inc. Fendahl is not affiliated with or endorsed by Triple Point Technology, Inc."
Costs and Attoneys' Fees: Each Party agrees to bear its own costs and attorneys fees incurred in the Action and in the negotiation and execution of the settlement. Neither party paid or received any financial compensation as a result of the settlement.
4) Future Prospects: –
The lawsuit and the settlement of the lawsuit have zero impact on the future operations or performance of Fendahl.
To view the stipulation of dismissal click here.
CXL is a registered trademark of Triple Point Technology, Inc. Fendahl is not affiliated with or endorsed by Triple Point Technology, Inc. Commodity XL is a registered trademark of Triple Point Technology, Inc. Fendahl is not affiliated with or endorsed by Triple Point Technology, Inc. Triple Point is a registered trademark of Triple Point Technology, Inc. Fendahl is not affiliated with or endorsed by Triple Point Technology, Inc.