Tile Inc. files Lawsuit Claiming against Unauthorized Resale by 4 Defendants
The boom in technology has completely reshaped the life of humans. Apart from providing us ways to connect with our dear ones residing seven seas away, technology has made the human life simpler and feasible. In the present day, everything including an essential item to heavy machinery can be purchased by a click on ‘Add to Cart’ in a time span of seconds from the biggest marketplaces containing plentiful items, available on the internet world. Not everyone knows this, but these flashy online marketplaces have their own dark side.
Over the years, it has become a fairly common practice wherein sellers purchase products from the original dealers and illicitly resale the same to the demanding man-force, usually on manipulated terms and conditions. Such a malpractice is generally regarded as ‘Unauthorized Reselling’ which can only be curtailed by the weapon of Trademark Infringement in available in the hands of original brand owners.
A lawsuit involving a similar controversy was filed by American electronics company, Tile Inc. against four defendants, namely 888 Digital Inc., CellnTell Distribution Inc., Digital Pavilion Electronic and S&W Deals before New Jersey District Court, New York Northern District Court, New York Eastern District Court, and the Massachusetts District Court, respectively.
Established in the year 2012, this consumer electronic brand can be defined as a modern-day technological key. Tile Inc. deals in manufacturing and marketing of Bluetooth enabled devices compatible with Android as well as iOS, helping the users to track down lost items, whether wallet, keys, backpacks or any similar item of importance just by a notification on their Tile application. This California-based company employs Bluetooth 4.0 in its devices.
Tile claims that it has tie-ups with certain authorized and lawful sellers exclusively permitted to resale its devices. Moreover, an authentic Authorized Reseller Network has been implemented by the 8-year old electronics company to make sure that there is no compromise on product’s quality. As stated in the lawsuit, the defendants “are selling non-genuine Tile products bearing this registered trademark”. In point of fact, the plaintiff has registered the trademark/ label “TILE” in the year 2014 and has been using the same since then.
It is further added, “interstate commerce without the consent of Tile, of a reproduction, counterfeit, copy, or colorable imitation of the Tile Marks in connection with the Sale, offering for sale, distribution, or advertising of goods, which use is likely to cause confusion or mistake, or to deceive consumers, and therefore infringes Tile’s rights in the Tile Marks, all in violation of the Lanham Act.”
Alleging that such unauthorized reselling by defendants has taken a toll on hard-earned reputation and goodwill of Tile Inc. amounts to trademark infringement along with unfair and deceptive trade practices. In addition to an award for permanent injunction, Tile Inc. is seeking an award for damages, costs as well as any relief as deems fit by the Courts.
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