Marshall Division, Eastern District of Texas

March 14

  • Monster Cable Products Inc. vs. Monster Sound LLC et al

    Monster Cable Products filed a trademark infringement complaint against Monster Sound, Joel Leonard Ortega and Jose Luis Ortega Jr. of El Paso.

    Monster Cable claims that it has been doing business in the United States using in commerce the mark "Monster," incorporating that term as a trademark in connection with the sale of consumer electronic goods including car and home audio and video equipment.

    Monster Cable claims it acquired the trademark rights to the Monster Marks by obtaining seven federal trademark registration numbers, including No. 1,759,529, through the U.S. Patent and Trademark Office.

    "Monster Cable has extensively advertised and promoted said marks, including obtaining naming rights to the former Candlestick Park, home of the San Francisco 49ers," the original complaint states. "Moreover, Monster Cable has invested substantial time, energy and resources to develop said marks. Each of plaintiff's marks are strong marks, being inherently arbitrary, fanciful, distinctive or suggestive."

    The suit alleges that defendants sell car and home audio and video equipment and provide custom installation services and it states that a general description of Monster Sound's products is available on Web site.

    Monster Cable claims it sent Monster Sound a letter on July 2, 2007, requesting that it cease use of the domain name because its "use of the Monster Sound was likely to cause consumer confusion as to the source or origin of its products and services."

    It states that Monster Sound did not respond and was sent more letters on Sept. 14, 2007, and Dec. 7, 2007. Monster Cable also claims that its counsel notified Monster Sound via telephone and that "defendants indicated that they were aware of Monster Cable and its products."

    Monster Cable is seeking lost profits, defendants' profits, disgorgement, restitution, punitive, exemplary or treble damages, attorneys' fees, injunctive relief and other just and proper relief.

    Eric H. Findlay of Ramey & Flock PC in Tyler is representing the plaintiff.

    The case has been assigned U.S. District Judge T. John Ward.

    Case No. 2:08-cv-108-TJW

    March 19

  • Cies Bisker LLC vs. 3M Co. et al

    Cies Bisker, a Colorado limited liability company, claims it owns the rights to U.S. Patent No. 5,863,632, for a Decorative Photographic Tile and Method Using Same issued Jan. 26, 1999.

    The company alleges that defendants 3M, Floorgraphics and News Corp. are infringing the '632 Patent.

    Cies Bisker claims 3M's infringement includes the Floor Graphics Kit 8566 offered through its 3M Commercial Graphics Division. Floorgraphics alleged infringement includes its Floorad and Floorbillboard products. News Corps.' alleged infringement includes its SmartSource FloorTalk products offered through its News America Marketing division.

    "Plaintiff has been damaged as a result of Defendants' infringing conduct," the plaintiff's complaint states. "Defendants are thus liable to Plaintiff in an amount that adequately compensates for its infringements, which by law cannot be less than a reasonable royalty, together with interest and costs fixed by this Court under 35 U.S.C. 284."

    The plaintiff is seeking injunctive relief, treble damages for willful and deliberate infringing activities, interest, attorneys' fees and other just and proper relief.

    T. John Ward Jr. and Eric Albritton of Longview are representing the plaintiff with attorneys from Friedman, Suder & Cooke of Fort Worth.

    The case has been assigned to U.S. District Judge David Folsom.

    Case No. 2:08-cv-115-DF

    Tyler Division, Eastern District of Texas

    March 14

  • Mirror Worlds LLC vs. Apple Inc.

    Mirror Worlds, a Texas limited liability corporation based in Tyler, is taking on computer giant Apple in a patent infringement case.

    In question are four patents generally covering document stream operating systems. The patents-in-suit are U.S. Patent Nos. 6,006,227; 6,638,313; 6,725,427; and 6,768,999.

    The original complaint alleges that Apple infringes the Mirror Worlds patents through its Mac Computers, iPhones, iPods and/or Mac OSX. The products operate an enterprise information management system by creating models of information assets of diverse types created by diverse software, the complaint states.

    Mirror Worlds also alleges that Apple received, from a predecessor of Mirror Worlds, actual notice of the patents during the time period beginning in late 2001 and ending in the first half of 2002.

    "Apple's infringement of the patents-in-suit has caused damage to Mirror Worlds, and Mirror Worlds is entitled to recover from Apple the damages sustained by Mirror Worlds as a result of Apple's wrongful acts in an amount subject to proof at trial," the complaint states.

    Mirror Worlds is seeking injunctive relief, damages, treble damages for willful infringement, attorneys' fees, interest, costs and other relief to which it may be entitled.

    Otis Carroll of Ireland, Carroll & Kelley PC in Tyler is representing the plaintiff. Attorneys from Jenner & Block LLP in New York and Washington, D.C., are of counsel.

    The case has been assigned to U.S. District Judge Leonard E. Davis.

    Case No. 6:08-cv-088-LED

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