Recently, a Petaluma-based music instrument maker, Kala Brand Music Co., filed a federal lawsuit in U.S. District Court for the Northern District of California against a North Carolina firm, Donner Technology LLC for violating its copyright regarding a Kala ukulele.
The plaintiff alleges that the defendant “created its U-BASS ukulele in June 2009 which has been registered since July 6, 2010 and immediately began using the distinctive U-BASS trademark in interstate commerce in connection with its musical instruments.”
The plaintiff alleges that the defendant started producing and selling a ukulele via its website, third party vendors such as Amazon and eBay under the trademark UBASS in October 2017.
A cease and desist letter was sent to the defendant on January 3, 2018 in which both parties did not reach a settlement.
The plaintiff seeks liability for copyright and trademark infringement, in addition to ceasing the sales of the UBASS ukulele, as well as damages to be determined by the court, a jury trial, and other provisions.
Kala Brand Music Co Vs Donner Technology LLC
Court – U.S. District Court for the Northern District of California
# Case – 3:18-cv-05545-RS
Filing Date – September 10th, 2018
Cause – Infringements
Case – Trademark Infringements
Plaintiff Representation – Attorney Elizabeth Rest of Owen Seitel of San Francisco.