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Bose Dealt 2nd Setback In CEDIA Suit

3/23/2005 03:38:00 PM Eastern

Indianapolis — The Custom Electronic Design and Installation Association (CEDIA) said the Trademark Trial and Appeal Board issued a second ruling in its favor in Bose’s action to cancel CEDIA's trademark registrations for the term “Electronic Lifestyles.”

The Board denied a Bose motion for summary judgment and refused to consider fraud claims against CEDIA as to the registrations.

Previously, the board ruled that one of Bose's claims was filed too late and that CEDIA's registration in the publications category could not be canceled under the grounds that it would cause confusion in the marketplace, as initially filed by Bose.

A Bose spokesperson commented, “The Trademark Trial and Appeal Board has determined that some factual issues are in dispute which need to be resolved at trial.”

Bose noted, “The Lifestyle trademark is a well-established trademark in the audio marketplace due to a significant corporate

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investment by Bose. In order to maintain a trademark in the United States Patent and Trademark Office, a company is legally responsible for protecting it consistently, regardless of where the violation occurred, or by whom.”

And the manufacturer added, “While Bose has respect for CEDIA and its members, it can not ignore any instance where it believes there is an infringement of its legal rights. Bose intends to protect its assets using the avenues of recourse available to any trademark owner.”

CEDIA’s president Ray Lepper said Bose’s effort is “wholly unwarranted, harmful to our association and represents a very misguided corporate culture at what could otherwise be an active and productive member of CEDIA.”

Added executive director Billilynne Keller, “I hope that at that time it is not too late for Bose to repair the damage it has done to the association and, perhaps, to Bose's reputation in the industry.”

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