Blue Microphones Winning Battle Against Imitator
Blue Wins International Design Registration Opposition Clearing The Way To Continue Domestic Lawsuit Against Imitators
The Office for Harmonization in the International Market (OHIM) issued a decision invalidating each of Sia Scruples microphone Community Design registrations relating to the Blue Microphones products Baby Bottle, Dragonfly, Blueberry, Mouse, Kiwi and Cactus.
Sia Scruples filed for the design registrations on Jan. 2nd, 2005. Blue opposed the design registrations, asserting that they were substantially the same as Blue products. Scruples argued that the registered designs were novel and not substantially the same as Blue Microphones’ products, in contradiction to numerous letters they sent to Blue retailers and distributors and public statements that were made on various websites.
The Sia Scruples Community Design registrations, No. 000288220_0001-0006, have been ruled invalid. The OHIM ruled that the six Sia Scruples design registrations were “identical except for immaterial details” to Blue products, which were in the marketplace for years prior to the application date of the Scruples Community Designs.
This ruling paves the way for Blue to continue a suit filed in the California Supreme Court against defendants The Sia Scruples Community Design registrations, No. 000288220_0001-0006, have been ruled invalid., VIOLET DESIGN, Juris Zarins, Janis Abols, Stanislav Rubintchik, Guntis Veisbergswhich and Ralfs Niedra which includes allegations of Trade Libel, False Advertising, Defamation, and Breach of Contract. This suit is scheduled to continue on November 27th, 2006. Blue Microphones is represented in California by Bruce Wessel at Irell & Manella LLP.