Today before the opening bell, Modavox announced that it has filed a lawsuit against AOL LLC, Time Warner, Inc. and Platform-A, Inc. in the United States District Court for the Central District of California (Case No. CV08-05914 SJO PJWx), stating that the companies are infringing on United States Patent No. 6,594,691, ‘Method and System for Adding Function to a Web Page,’ and United States Patent No. 7,269,636, a continuation of the original patent that provides additional details of the invention assigned to Modavox.
According to the press release, the company also amended a claim against AOL for trademark infringement, Unfair Competition and False Designation of Origin in connection with AOL’s use of THE BOOMBOX designation, which is assumed to be confusingly similar to Modavox’s registered trademark BOOMBOX RADIO. Modavox is pursuing injunctive relief and as yet unspecified damages stemming from the alleged infringing activities.
David Ide, Chief Executive Officer of Modavox stated, This action was originally brought in response to an unwelcome perceived infringement of our BoomBox trademark, specifically the unauthorized commercial, for-profit use, copying, display and distribution of our trademark brand name BoomBox. This mark is central to our product and service offerings and we went through great lengths and effort to obtain, preserve and market this brand only to have to protect it from what we believe to be a clear infringement of this brand and its hard fought equity, by AOL. This coupled with our belief that our patented technologies are being infringed across Platform A has left us with no choice but to take this action along with our team in California Federal District Court.
Nathaniel T. Bradley, Chief Technology & Product Officer at Modavox added, Our technical analysis of AOL’s Platform A convinced us that AOL, Time Warner and Platform A are infringing our patents. Our team of third party technical and legal experts, at considerable cost by our company, has extensively investigated our allegations and asserts that there exists a good faith belief in our allegations of infringement. In particular, AOL’s expansion of its subsidiary, Tacoda, Inc.’s Behaviorial Targeting across Platform A has clearly appeared to embody the same underlying method to achieve targeted delivery advertising to consumers.
David Shaub with Shaub and Williams LLP, who is acting as Modavox’s lead counsel in the case commented, “We have carefully studied this deployment and cautioned AOL to cease and desist.”
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