Tile Inc., an American consumer electronics company specializing
in providing wireless tracking devices and services, has quite recently filed
four Trademark Infringement lawsuits against
CellnTell Distribution Inc., 888 Digital Inc., S&W Dealz, and Digital
Pavilion Electronics. The four lawsuits are filed in the New York Northern
District Court, New Jersey District Court, Massachusetts District Court, and
New York Eastern District Court, respectively.
Tile has accused all the four defendants of unauthorized and
wrongful promotion and sale of its products. The company sells its products via
authorized resellers. Additionally, it has also implemented an authorized
reseller network for assuring that all of its products sold meet the high
standards of quality control. Tile sells its products under the “Tile” brand,
and none of the defendants in this lawsuit filed are authorized resellers. It
got its “Tile” trademark registered long back and has been using it since 2014.
The company always advertises, distributes, and sells all of its products to
the customers under its Registered Trademark.
According to Tile, all four defendants are responsible for
offering for sale and selling non-genuine Tile’s products under its registered
trademark. It stated that the unauthorized sales don’t have the company’s
warranty. It concluded by saying that the defendants are deceiving the
customers in the market by selling the products that aren’t covered under
Tile’s warranty and also lack quality. For instance, Tile believes that
CellnTell Distribution and S&W Dealz are involved in selling stolen
products on e-commerce platforms like Amazon by advertising that the products
are all new. When it comes to 888 Digital, Tile mentioned that the company is
marketing Tile’s products as new and deceiving the customers by selling used,
liquidated, or even potentially stolen Tile products on its official business
website. Meanwhile, talking about Digital Pavilion Electronics, Tile specified
that the company is selling non-genuine Tile products bearing Tile’s registered
trademark on Amazon and other platforms.
The defendants’ actions, without any second thoughts, have
confused the customers and damaged Tile’s goodwill and reputation as the
customers believe that they are buying the legitimate products in the scenario
where the reality is the opposite.
As a consequence of these unauthorized actions, Tile has claimed
in its lawsuit filed that it is losing upon a lot of profits and suffering a
loss of the enormous goodwill and reputation, which the company has created in
its registered trademark over the years. Additionally, Tile has stated that the
unauthorized sellers have indeed infringed upon its registered trademark via
the reproduction, sale, distribution, interstate commerce, and advertisement of
its products. At last, Tile said that all the four defendants are involved in
willful trademark infringement, unfair competition, deceptive trade practices,
and false advertising violations. It is now looking forward to seeking
injunctive relief, pre- and post-judgment interest, an award for damages,
related costs and fees, and other relief as determined by the courts. ✅
For view source: https://www.kashishipr.com/blog/tile-files-four-trademark-infringement-lawsuits-corresponding-to-unauthorized-sales/
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