PennEngineering takes legal action to protect patents, trademarks

PennEngineering®, Danboro, Pa., has initiated a federal infringement action against Dongguan Fenggang Pinconn Hardware Factory (Pinconn). The complaint alleges patent infringement, trademark infringement, false designation of origin, and counterfeiting under U.S. law, as well as common law trademark infringement and unfair competition. PennEngineering alleged that at least nine patents and trademarks were being infringed, including the PEM® family of trademarks. PennEngineering served the complaint on Pinconn at Pinconn’s trade show booth on October 18, 2017, during the annual International Fastener Expo in Las Vegas.

Simultaneously, PennEngineering served Pinconn with a preliminary injunction order issued by the U.S. District Court for the Eastern District of Pennsylvania and effected removal of all Pinconn’s signage, advertising materials, and infringing product at its trade show booth. The Pennsylvania court order enjoined Pemco Hardware Inc., Dongguan Fenggang Pemco Hardware Factory, and Shenzhen Pemco Fastening Systems Co. Ltd. (collectively Pemco) from commercializing similar infringing products.

The order was enforced against Pinconn because the order applied to corporations and companies “acting in concert with” Pemco. Pinconn’s website showed the close relationship between Pinconn and Pemco. The Pennsylvania court order was issued as the result of Pemco’s failure to respond to an infringement complaint filed in Pennsylvania or to appear at a preliminary injunction hearing in Pennsylvania.

PennEngineering’s fastener and installation equipment brands include PEM®, microPEM®, PEMSERTER®, PROFIL®, Atlas®, PennAuto™, LinkTool™ Group, and Heyco®.