On November 2, 2010, Xin Yu Arts Toys Co, Ltd. and AutoTec Sales d/b/a Extreme Machines (collectively, “Extreme Machines”) removed Traxxas, LP’s trademark infringement lawsuit to the Northern District of Texas. Traxxas accuses Extreme Machines of intentionally copying Traxxas’ marks and trade dress to confuse consumers (pdf copy of original petition available here). Traxxas’ marks and trade dress relate to remote controlled vehicles. According to Traxxas, the parties had previously entered into a settlement agreement whereby Extreme Machines agreed to stop selling certain vehicles. But, according to Traxxas, Extreme Machines is continuing to sell the vehicles, albeit under a slightly different name. Traxxas accuses Extreme Machines of, among other things, breaching the settlement agreement and committing trademark infringement.
The case is pending before Judge Kinkeade.
Traxxas is represented by Keith Verges and Lance Clack, both of Figari & Davenport.
Extreme Machines is represented by Wendy Mills, of The Law Office of Wendy B. Mills.