For Immediate Release
July 20, 2004
Media Contacts:
Phillip J. Conley, Esq.
972-713-7550
CEDIA receives partial victory in trademark lawsuit filed by
Bose Corporation
Association shares update with members, maintains
trademark it has held since 1998
Indianapolis, Ind. – The Custom Electronic
Design and Installation Association (CEDIA) has received a partial victory
in its battle with Bose Corporation in the United States Patent and Trademark
Office, Trademark Trial and Appeal Board over CEDIA’s federal trademark
registrations in the mark “Electronic Lifestyles.” Bose Corporation
sued to cancel CEDIA’s four trademarks last year, claiming that CEDIA’s “Electronic
Lifestyles” mark was likely to cause confusion with Bose’s
trademark registrations for the term “Lifestyle,” under which
Bose markets a line of loudspeakers and music systems.
On July 9, 2004, the Trademark Trial and Appeal Board ruled
that Bose was too late in filing its cancellation action based on “priority” and “likelihood
of confusion” as to the “printed publications” category
of CEDIA’s Electronic Lifestyles trademark. “Accordingly,” said
the board, “[Bose’s] claim of priority and likelihood of confusion
under Trademark Act Section 2(d) is hereby stricken from its amended petition
for cancellation solely with regard to [CEDIA’s Printed Publications]
Registration.” The Trademark Trial and Appeal Board’s ruling
is available in PDF format on CEDIA’s web site at www.cedia.org.
In the same ruling, the Trademark Trial and Appeal Board
granted Bose’s request to add a claim that CEDIA had abandoned its
trademarks, noting that such requests to amend are “freely given” by
the Board. Ray Lepper, CEDIA’s President, said, “Bose’s
claim that CEDIA has abandoned its registrations in Electronic Lifestyles
is as absurd as the rest of Bose’s claims in this action. Quite frankly,
we believe that Bose saw that it was going to lose its claims based on ‘priority’ and ‘likelihood
of confusion,’ and it concocted this abandonment claim to keep something
alive as to the printed publications registration. We have every confidence
that CEDIA will prevail in all of its defenses to Bose’s actions,
including Bose’s new claim of ‘abandonment’.”
Lepper continued, “To date, Bose’s trademark
action has cost the CEDIA membership $68,780.91 in expenses defending the
action. As I have said before, this association has been built by the long,
tireless efforts of thousands of volunteers and sponsors, and to have our
trademark challenged in this manner by one of our very own members is very
disturbing. To sue one’s own association is wholly inconsistent with
the spirit of cooperation and sacrifice that is the hallmark of the true
CEDIA member.”
“Let me make it perfectly clear to everyone in this
industry,” said Lepper, “that CEDIA is committed to defending
our members’ rights and preserving their association’s intellectual
property from this unwarranted attack by Bose Corporation.”
CEDIA is an international trade association of companies
that specialize in designing and installing electronic systems for the
home. The association was founded in September 1989 and has more than 3,000
member companies worldwide. CEDIA members are established and insured businesses
with bona fide qualifications and experience in this specialized field.
CEDIA members include Residential Electronics Systems Professionals who
have emerged as the “fourth contractor” in the building and
remodeling industries alongside electrical, plumbing and HVAC professionals.
For more information on CEDIA, visit the association’s Web site at www.cedia.org
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