Eastern District Grants TRO Enjoining Unhappy Car Buyer's Web Postings
December 14, 2006
Michael Atkins in Consumer Protection Act, False Designation of Origin, Seattle Updates

Defendants Randolph and Renee Honkala apparently were unhappy customers of plaintiff car dealer Wendle Motors, Inc., of Spokane. Mr. Honkala allegedly purchased a Ford Mustang Shelby GT 500 convertible from Wendle and was dissatisfied with its condition. Wendle claims it took the car back and listed it for sale on eBay, which upset Mr. Honkala. Wendle’s complaint, filed in the Eastern District of Washington, alleges that Mr. Honkala, using a screen name, then “began posting false and slanderous information” about the condition of the car and his experience with Wendle on Web sites frequented by car enthusiasts. This, Wendle alleges, caused it to lose a sale on eBay, in violation of the Lanham Act and Washington’s Consumer Protection Act.

2007 Shelby GT 500 Convertible.jpg

On December 11, Judge Fred Van Sickle entered a TRO restraining both plaintiff and defendants from “disseminating additional information” about each other “over the Internet, whether in the form of postings, emails, or private measures.” The Court also restrained the defendants from contacting “other potential buyers” about the vehicle.

On December 13, plaintiff moved for a preliminary injunction. Defendants’ brief opposing plaintiff’s motion is due on December 18. Judge Van Sickle is scheduled to hear the motion on December 20. Defendants have not yet answered plaintiff’s complaint.

Article originally appeared on Michael Atkins (http://seattletrademarklawyer.com/).
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