Indianapolis, IN – Trademark attorneys for Audio Products Corporation of Indianapolis, Indiana filed a trademark infringement suit in the Southern District of Indiana alleging Monster, Inc. of Brisbane, California infringed trademark registration no.1.807.139 for the ENERGY Design and 2,777,234 for the mark ENERGY registered with the US Trademark Office.
The complaint states that Audio designs and manufactures speakers, which are sold in major retail outlets. Audio alleges it has used the ENERGY marks in connection with its products since at least 1984. The complaint states that Monster has adopted the marks NERGY and N-ERGY to market speakers. The complaint alleges that NERGY and N-ERGY are confusingly similar to Audio’s ENERGY marks and/or a colorable imitation. The complaint characterizes Monster’s marks as attempts to misrepresent its products. The complaint further states that Monster had filed a trademark application with the US Trademark Office seeking to register the NERGY and N-ERGY. The US Trademark Office rejected the application, stating that it was confusingly similar to Audio’s marks. The complaint makes claims of trademark infringement, false designation of origin, common law trademark infringement. Trademark attorneys are seeking a declaration of infringement, an injunction, the destruction of all products and/or NERGY and N-ERGY marks, actual damages, treble damages, costs and attorney fees.
Practice Tip: The complaint alleges that Monster is selling products in the district to establish personal jurisdiction. No specific sales in Indiana are listed; however, the complaint states that limited jurisdictional discovery is expected to uncover Indiana sales.
This case has been assigned to Chief Judge Richard L. Young and Magistrate Judge Mark J. Dinsmore, and assigned Case No. 1:12-cv-00248-RLY-MJD the Southern District of Indiana.Audio Complaint
Further Information about the case is as follows:
Filed: February 23, 2012 as 1:2012cv00248 Updated: February 24, 2012 22:06:45Plaintiff: AUDIO PRODUCTS INTERNATIONAL CORPORATIONDefendant: MONSTER, INC.Cause Of Action: Trademark InfringementCourt:Seventh Circuit > Indiana > Southern District CourtType:Intellectual Property > Trademark