Seattle Trademark Lawyer

Plaintiff CommScope, Inc. of North Carolina and defendants Electro Products, Inc., and Daniel Edward Oberholtzer today agreed to a permanent injunction in the Western District enjoining defendants from using CommScope’s trademarks and from causing others to believe that defendants’ products are connected with CommScope when they are not. CommScope markets and distributes a SYSTIMAX- and PATCHMAX-branded patch panel that allows telecommunications cables used in high-speed voice and data networks to be connected and disconnected quickly. (STL’s previous discussion of Judge Ricardo Martinez’s refusal to stay the case pending an alleged criminal investigation of Mr. Oberholtzer here.)

In agreeing to the injunction, defendants did not admit “any liability for intentional wrongdoing.” However, they did agree that “CommScope is likely to succeed in showing that Defendants have used and are likely to continue to use copies of the CommScope Marks, registered on the Principal Register of the United States Patent and Trademark Office, in connection with the distribution, offering for sale and sale of patch panels with accompanying packaging and literature….”

The stipulation also states that that “Defendants have distributed and sold Counterfeit Products from their principal place of business in Kent, Washington. These Counterfeit Products were obtained from China from an entity holding itself out as ‘SGE Tek’ and an agent holding himself out as ‘Preston Zheng.’” Defendants agreed to provide CommScope with all information they learn about SGE Tek and Mr. Zheng for three years but are not obligated to seek out such information.

In exchange, CommScope agreed to dismiss its claims.

The case cite is CommScope, Inc. of North Carolina v. Electro Products, Inc., No. 06-577 (W.D. Wash.).