CHARLOTTE, NC—As the prevalence of imported knock-off products continues to rise on Amazon and other e-commerce platforms, Shumaker’s Intellectual Property team successfully represented Charlotte-based Power Probe in a major infringement case, securing a victory against UK-based Toolsmart Limited. Power Probe, a leader in the automotive industry, safeguards its intellectual property through utility patents, design patents, trademarks, and copyrights. Power Probe’s flagship product, the Power Probe 3, was copied abroad, marketed as the PP7, and then sold by Toolsmart Limited on Amazon in the United States. The infringing PP7 not only replicated the functionality and the appearance of Power Probe 3 device but also copied Power Probe’s product manual.

The Federal Litigation involved claims of infringement of the Power Probe 3 device, which Toolsmart offered for sale on Amazon. The infringing product included copies of Power Probe’s copyrighted product manual, patented functionality, and, perhaps most critically, copies of Power Probe’s protected trade dress. The trade dress infringement included the use of Power Probe’s signature color – Power Probe Red – and the Power Probe 3’s iconic shape.

After identifying the infringement, Shumaker led legal action, resulting in Toolsmart Limited agreeing to a consent judgment for patent, trademark, and copyright infringement. A permanent injunction was issued, removing the PP7 from sale in the United States. The United States District Court for the Western District of North Carolina entered the final judgment and permanent injunction in favor of Power Probe.

The legal team representing Power Probe included Shumaker attorneys Alex Long, Christy Trimmer, Tricia Magee, Lucas Garber, and Tom BenGera.