A Danish company that specializes in the manufacture of hands-free telephonic headsets is suing a Pennsylvania corporation in federal court.
The trademark infringement lawsuit was filed Aug. 19 at the U.S. District Court for the Easter District of Pennsylvania by South Carolina attorney Matthew E. Brown of the firm Nelson Mullins Riley & Scarborough.
The plaintiff in the case, GN Netcom A/S, which holds the JABRA trademark, alleges that the defendant, Downingtown, Pa.-based Foundation One, Inc., purchased and registered the domain name Jabra-headsets.com without the plaintiff’s knowledge.
“Foundation has set up the jabra-headsets.com domain name so that it resolves to a webpage selling headsets manufactured by GN and bearing the Jabra Marks,” the lawsuit states. “Foundation has designed its webpage to confuse customers into believing that the webpage is somehow run by, associated with, endorsed by, or affiliated with GN.”
On July 5 of this year, the suit claims, counsel for GN sent Foundation a letter informing the company of the infringing use of the jabra-headsets.com domain name and demand that the corporation immediately cease and desist from further use.
“Foundation ignored the letter and offered no reply or explanation for its infringing use,” the lawsuit states.
The lawsuit accuses Foundation of violating the federal Anticybersquatting Consumer Protection Act. It states that the defendant has been directing customers to its website where products bearing the JABRA trademark are sold.
“GN has been, and continues to be, damaged by Foundation’s activities and conduct,” the lawsuit states. “Foundation has profited thereby, and, unless its conduct is enjoined, GN’s reputation and goodwill will continue to suffer irreparable injury that cannot adequately be calculated or compensated by money damages.”
The lawsuit contains an additional count of “Unfair Competition and False Designation of Origin.”
The plaintiff seeks injunctive relief ordering that Foundation “discontinue its current infringing practices,” actual damages and court costs.
The suit also demands the jabra-headsets.com domain name and “any other infringing domain names” held by the defendant be immediately transferred over to GN.
The plaintiff has demanded a jury trial.
The federal case number is 2:11-cv-05280-HB.