Tabberone is pronounced tab ber won not tay ber own

Tabbers Temptations     www.tabberone.com/Trademarks/ Home | Site Index | Disclaimer | Email Me! "The only thing necessary for the triumph of evil is for good men to do nothing" Edmund Burke

The Tabberone™ Archives These articles concern what we consider major trademark and copyright issues. They are usually reproduced with the original source referenced. Bear in mind, these articles are copyrighted and commercial use without permission of the authors may be considered infringement. The intended use here is educational, commentary and non-commercial. The reason they are reproduced in the Tabberone™ Archives, as opposed to just providing a link, is because links disappear and pages are removed. That presents a messy confirmation process that is annoying to the browser (you) but also presents a credibility issue. We do not claim any rights in these pieces. Do not regard the absence of a copyright statement or © to mean the article is not copyrighted. Some sites do not have a copyright statement. When an article or a comment is posted on the internet by the copyright owner, the owner is seeking a world-wide, 24/7 audience; sometimes for a limited amount of time, sometimes indefinitely. In essence, an internet posting intentionally relinquishes one's copyright for exclusivity because the owner has posted it on the internet to been seen by everyone, everywhere. The Tabberone™ Archives non-commercial duplication of the posting is simply a continuance of the original wishes of the copyright owner. We post these articles for reference, for commentary and for confirmarion of our position.

Source: http://www.setexasrecord.com/news/213289-recent-patent-infringement-cases-filed-in-u.s.-district-courts April 5, 2009 - Content has not been altered.

6/11/2008 10:38 PM By Marilyn Tennissen June 5, 2008 Monster Cable Products Inc. vs. Accell Corp. et al According to the original complaint, plaintiff Monster Cable has designed, manufactured and sold a broad array of electronic products and accessories since 1978. The company has a particular focus on superior cables and power products for high-end audio and video components, computers and computer games. Monster claims that its power-conditioning and surge protection products possess distinctive features, such as color-coded, labeled black electrical outlets, LEDs indicating status of power, ground and surge protection set into an elongated, recessed center top strip and a distinctive metallic trapezoidal body with black end caps. The plaintiff alleges that defendants Accell Corp. and Bizlink USA Technology Inc. infringe on its design and trademark patents. Count I of the original complaint claims that Monster is owner of rights to U.S. Design Patent No. D484,098 and that defendants infringe the patent through the ProPower Surge Protector products. The second count of the suit claims Monster's rights to U.S. Design Patent No. D505,390 and alleges infringement through defendants' Ultra audio, digital and fiber optic digital cables and kits. Count III asserts that Monster owns all rights to U.S. Design Patent No. D405,367 and infringement by the Ultra AV High Performance HDMI Audio/Video Cable in packages embodying the patented design. The complaint also alleges infringement of Monster's trademarks by defendants' use of markings and packaging for cable products which cause confusion, mistake and deception of the public as to the identity and origin of the goods. In addition, the plaintiff states that by "selling power strips that copy Monster's unique design, defendants' have misappropriated Monster's trade dress and falsely represented the origin of relevant products in violation of the Lanham Act." Monster also alleges that defendants have infringed its copyrights by copying the images and text on Monster's product packaging and Internet Web listings without permission. "The striking similarity between plaintiff's Web site and packaging images and text on the one hand, and defendants' packaging on the other, indicates that defendants copied portions of text and images on plaintiff's product packaging and Web site listings," the suit states. The suit continues with allegations of unfair competition and common law injury to business reputation. Monster is seeking damages including defendants' profits, disgorgement, restitution or other compensation or monetary remedy; punitive, exemplary and/or treble damages; attorneys' fees; costs; injunctive relief; and other just and proper relief. Eric Findlay of Ramey & Flock PC in Tyler and Robert W. Payne of LaRiviere Grubman & Payne LLP in Monterey, Calif., are representing the plaintiff. The case has been assigned to U.S. District Judge T. John Ward. Case No. 2:08-cv-230-TJW