Los Angeles, CA – Trademark attorneys for Modavox, Inc. filed a trademark infringement and Lanham Act § 43(a) unfair competition (15 U.S.C. § 1125) complaint against AOL at the Federal District Court in Los Angeles. Modavox licenses and sells internet video and radio software and services under its Boombox Radio mark. Modavox, through its predecessor-in-interest, registered the Boombox Radio trademark with the U.S. Patent & Trademark Office in 1999.
Modavox alleges that AOL “willfully and deliberately used and is using the Mark with notice of Palintiff’s ownership of the Mark and began to use the name ‘Boombox’ well after Plaintiff’s Mark had been registered to offer virtually identical services as Plaintiff has offered and registered under the Mark.” Modavox alleges that it sent a cease and desist letter to AOL, but AOL has refused to stop using the trademark. The case is titled Modavox, Inc. v. AOL, LLC, CV 08-05914 SJO (C.D. Cal. 2008).
