• Numark Files New 337 Complaint Regarding Certain Electronic Device Mixer Apparatus
  • October 22, 2010 | Author: Eric W. Schweibenz
  • Law Firm: Oblon, Spivak, McClelland, Maier & Neustadt, L.L.P. - Alexandria Office
  • On October 18, 2010, Numark Industries, L.P. of Fort Lauderdale, Florida (“Numark”) filed a complaint requesting that the ITC commence an investigation pursuant to Section 337.

    The complaint alleges that Dj-Tech Limited of Hong Kong (“Dj-Tech”) unlawfully imports into the U.S., sells for importation, and sells within the U.S. after importation a certain electronic device mixer apparatus for use in the audio disc-jockey music industry that infringes U.S. Registered Trademark No. 2,402,458 (the “asserted trademark”).

    According to the complaint, the asserted trademark is directed to DJ IN A BOX® and covers “apparatus for transmission and/or reproduction of sounds, namely, audio mixers, phonographic record players, headphones and compact disc players.”

    In the complaint, Numark alleges that Dj-Tech imports and sells a product that infringes the asserted trademark.  In particular, the complaint alleges that Dj-Tech is currently using the designation “USB DJ IN A BOX” in connection with an electronic device music player with a performance mixer and jog wheel that is being offered for sale and sold by importation into the U.S.  According to the complaint, Dj-Tech is:  (i) using a confusingly similar, if not the same, asserted trademark in commerce; (ii) intentionally deceiving the consumer by copying the asserted trademark and otherwise passing itself off as a Numark product; (iii) capitalizing on the goodwill established by the asserted trademark; and (iv) engaging in a campaign of wholesale appropriation of the asserted trademark.

    Regarding domestic industry, Numark states that it has made significant investments in physical operations, employment of labor and capital, and exploitation of the asserted trademark.  The complaint states that Numark first placed a product bearing the asserted trademark into commerce in the summer of 1998 and has been selling products bearing the asserted trademark through retailers, distributors and the Internet.  According to the complaint, Numark continues to invest resources into its physical plants and equipment so that it is able to manufacture products and upgrades to products sold under the asserted trademark.

    With respect to potential remedy, Numark requests that the Commission issue a limited exclusion order and a permanent cease-and-desist order directed at Dj-Tech.