Kindig-It Designs is an automobile restoration, fabrication and customization workshop in Utah. The workshop was established by Dave Kindig and his spouse, Charity Kindig, in 1999. And at present, the workshop has over 10 members, including Dave and Charity’s children as well.
Kindig-It Designs has also gained recognition over the world as it has been featured on a Motor Trend Network’s reality show, “Bitchin Rides“, since 2014.
However, while Kindig-It Design has everything under control at present, it was found that the team had undergone a lawsuit. Who filed the lawsuit, and what conspired it?
To know the details remain with us until the end.
Kindig-It Lawsuit: What Happened?
According to an online report, Kindig-It Design filed a case against Creative Controls in 2015.
While the Bitchin Rides viewers were worried thinking the lawsuit was against Kindig-It Designs, the fact was quite the opposite. So, in 2015, Kindig-It Design filed a case against Michigan-based Creative Control, claiming that it violated its copyright and patents.
In response to the accusations, Creative Control demanded either to dismiss the case for lack of personal authority or, to have the matter transferred to Michigan and dissolve the claims.
Creative Controls also stated that they interacted with Kindig online via their website and stated that they only sell self-made products on their website. Apart from the copyright violation, Kindig-It Designs also accused Creative Controls of using their company’s images and pictures without their permission.
Whereas Creative Controls defended themselves, saying that the Kindig team had permitted them to use the pictures through a letter in exchange for a custom parking brake they donated to King-It Designs.
Additionally, it was found that Creative Controls’s last contact with Utah was during a single transaction with a client in Utah.
As per Creative Controls, they delivered the product to their Utah client after receiving an order request on their website. Interestingly, Kindig revealed that Creative Control’s Uthan client was a relative of one of their employee, and they placed the order in preparation for the lawsuit.
After the oral argument between the 2 parties, they agreed it would be wrong to subject Creative Controls to personal jurisdiction based on this contract.
Has the Lawsuit been Resolved: Updates
After a lot of hustle, the court finally made a decision in favour of both Kindig-It Designs and Creative Controls.
Firstly, the court stated that Kindig-It had adequately proved that Creative Controls had really communicated with clients in Utah. However, despite this, the court said the Kindig team could not prove that Creative Controls had violated any of their goods. Therefore, the court remarked that there was no case for copyright issues.
Furthermore, the Utah court found that they may utilize Creative Controls’ website as a basis for personal jurisdiction.
As Creative Controls stated, their website was not made mainly to attract clients from a specific location. So, they marketed and targeted their website for everyone who could access it.
So, as their point was valid, the court stated that they should not punish Creative Controls just because their website drew clients from Utah.
So with this, the case was finally resolved on 20th January 2016.