SDI Files Suit Against CTA, Apogee On Product Design
By Steve Smith -- TWICE, 8/24/2006
Rahway, N.J. - SDI Technologies has filed a lawsuit against CTA Digital and Apogee International for patent and trade dress infringement concerning its iHOME clock radio.
According to a statement by SDI, the lawsuit that was filed in U.S. District Court of New Jersey alleges that CTA Digital, Apogee International of Shenzhen, China and Apogee’s U.S. subsidiary infringed on SDI’s patent, violated the Federal Lanham Act, and infringed on its trade dress as well as engaging in “unfair competition in violation of state statutory and common law.”
According to the complaint, SDI owns a valid and enforceable U.S. patent on a clock radio design and also possesses rights to the trade dress of SDI’s successful iHOME clock radio. The lawsuit alleges that CTA Digital and the Apogee companies have imported, sold, distributed, and promoted iBUZZ clock radios that infringe SDI’s patent.
The complaint also alleges that the defendants have violated the Federal Trademark Act and state trade dress misappropriation and unfair competition laws by advertising and selling clock radios that have an appearance confusingly similar to SDI’s trade dress. SDI seeks an injunction, treble damages, legal fees, and other relief.
CTA Digital said in a statement it confirmed receipt of a lawsuit from SDI and that it is “undergoing a thorough review of the facts and circumstances” surrounding the case. “As is standard with our policy, CTA Digital, prior to purchasing any products for sale/distribution, performs the appropriate due diligences to ensure all such products have the appropriate authorizations/clearances.”
Apogee International of China did not respond in inquiries from TWICE on this matter by deadline.
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