Ukulele Maker Claims North Carolina Firm Infringed on Its Trademark

ukulele
Image Source: Pixabay

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.

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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.

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About Nathaniel Adebayo 205 Articles
Nathaniel is a News Reporting Intern at Nigerian Law Intellectual Property Watch (NLIPW). He has a passion for writing, capacity building and social media marketing. He is a graduate of Federal University of Technology, Minna, where he graduated with BTECHAGRIC. He is a member of Soil Science Society of Nigeria (SSSN) and the National Union of Campus Journalist (NUCJ). Nathaniel has served as Editor-in-Chief for a number of magazines and as a contributor to various online repositories. Email: anathaniel@nlipw.com

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