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Intellectual Property
Unfair Competition
Unfair Competition

Koss Corporation v. Max Sound Corporation

Published: Apr. 12, 2014 | Result Date: Dec. 10, 2013 | Filing Date: Jan. 1, 1900 |

Case number: 2:13-cv-04126-R-JEM Settlement –  Permanent Injunction

Court

USDC Central


Attorneys

Plaintiff

Matthew B. O'Hanlon
(Barnes & Thornburg LLP)

Seth A. Gold
(Barnes & Thornburg LLP)


Defendant

Daniel D. Harshman


Facts

Koss Corp. filed an infringement lawsuit against Max Sound Corp.

Contentions

PLAINTIFF'S CONTENTIONS:
Koss owned trademark registrations for "Hearing is Believing." Koss contended that Max infringed on its marks when Max attempted to register the marks "Hearing is Believing" and "Maxd Music Hearing is Believing" and used such marks in connection with advertising its goods and services in a manner likely to lead to consumer confusion.

Result

The parties entered into a consent judgment. Max agreed not to use the "Hearing is Believing" mark or use any mark that wholly incorporated that text or is confusingly similar to or a colorable imitation of that mark.

Other Information

FILING DATE: June 7, 2013.


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