SOURCE: Adli Law Group, P.C.
LOS ANGELES, CA--(Marketwire - Aug 28, 2012) - Adli Law Group, P.C. is representing Max Sound Corporation in the trademark infringement suit filed by KOSS on August 23, 2012. Max Sound, a company that develops computer software applications for mobile phones, is being accused by KOSS of using the trademark "Hearing is Believing," to promote its products. KOSS uses that mark in connection with its stereo-phones and other electronic equipment.
"The basis for a trademark infringement claim is whether or not consumers will be confused as to the source of the goods and services a company is offering," says President of Adli Law Group Dr. Dariush Adli, who specializes in litigation in the areas of patent, trademark and copyright. "For us it is clear; Max Sound's trademark is for an application for mobile phones and software, whereas KOSS has uses the slogan in connection with stereo-phones."
KOSS is arguing that the trademark Max Sound is using for promotional use is "identical in terms of appearance and sound." The company believes that the products that both KOSS and Max Sound offer would often be sold together and purchased by the same consumers, causing consumers to believe that the products are from the same source.
Max Sound strongly denies these allegations and refers to precedent from the Ninth Circuit Court of Appeals which has clearly stated that the sophistication of consumers is an important factor in its likelihood of confusion analysis, besides (1) the similarity of the marks, (2) the similarities of the goods, and (3) the similarity of the trade channels of the goods.
"It's unlikely that KOSS, which has been in this particular business for decades, will offer goods in Max Sound's line of business. Consumers of these products will likely be computer savvy individuals, who are highly likely to be familiar with the products that KOSS offers for sale," says Dr. Adli.
Adli Law Group, P.C. litigation trial attorneys aggressively advocate for the interests of their clients and are at the forefront of intellectual property and commercial litigation. Currently, they are also representing Author Josip J. Knezevic, professionally known as James J. Braddock, in the copyright infringement case against Angelina Jolie and parties associated with her film "In The Land of Blood and Honey."
For more information on Adli Law Group, P.C., visit www.adlilaw.com.