[atlantaprog] BEHRINGER SUED FOR CLONING RENOWNED BOSS GUITAR EFFECTS PEDALS


(Los Angeles, February 24, 2005)- Leading electronic musical instrument and 
equipment manufacturer Roland Corporation ("Roland") has sued Behringer 
International GmbH and its subsidiaries ("Behringer") to enforce Roland's 
trade dress, trademark, and other intellectual property rights in and to the 
famous guitar effects pedals manufactured, distributed and sold by Roland's 
division, BOSS, as well as other Roland products.

BOSS has long been an industry leader in the design and manufacture of 
guitar effects pedals, recording equipment and other musical instrument 
accessories. In addition to their unparalleled sound, the BOSS pedals 
feature a unique combination of aesthetic design elements which have served 
to establish BOSS as an instantly-recognizable brand and to distinguish BOSS 
pedals from pedals manufactured by others.

The Complaint, filed in the United States District Court for the Central 
District of California, alleges that at the January, 2005 National 
Association of Music Merchants ("NAMM") industry trade show, Behringer 
announced the launch of a line of guitar effects pedals which replicate the 
distinctive design features of the BOSS pedals with such painstaking detail 
that the Behringer pedals are nearly indistinguishable from the BOSS pedals. 
Roland contends that this is no coincidence, and that the overall look and 
feel of the Behringer pedals is intentionally designed to confuse consumers 
as to the origin, sponsorship or affiliation of the Behringer Pedals, and to 
capitalize and profit from Roland's success, its impeccable reputation and 
the goodwill that it has developed over years of hard work.

The Complaint alleges that in an effort to gain industry acceptance of the 
cloned pedals, Behringer falsely assured industry retailers that the 
Behringer line of pedals was approved and endorsed by Roland.

Roland's subsidiary and exclusive United States distributor Roland 
Corporation U.S. has joined the suit as plaintiff. Plaintiffs are suing 
Behringer for trademark and trade dress infringement, unfair competition and 
a number of other causes of action aimed at protecting plaintiff's 
intellectual property rights.

Dennis Houlihan, President of Roland Corporation U.S. commented: "Imitation 
is not flattery, and is far from sincere, when the subject is Roland's 
valuable trade dress. Roland has expended monumental effort and substantial 
amounts to create and promote the design elements of its BOSS line of guitar 
effects pedals. Behringer's replication of the famous BOSS trade dress has 
caused extensive damage to Roland and its reputation, and Behringer's false 
claim that Roland has endorsed Behringer's unadulterated infringement is 
unconscionable."



Hoo Hoooo  Hoo Hoooooo

Phil

http://www.geocities.com/theowlwatches

 

 



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