"Monster has patented its unique package design to prevent competitors from copying its products and confusing consumers as to the source of goods that are not genuine Monster products," the complaint states. "Specifically, Monster owns U.S. Design Patent No. D471,442 for its unique package design."
Monster alleges that Ultra Products, which sells a line of HDMI cables, uses packaging that is "indistinguishable" from Monster's patented packaging.
Monster is suing the defendants for patent infringement and trade dress infringement.
By selling cables and cleaning products in packages that copy Monster's unique design "Ultra Products has misappropriated Monster's trade dress and falsely represented the origin of the relevant products in violation of the Lanham Act," the complaint states.
The plaintiff is seeking lost profits, defendants' profits, disgorgement or restitution, punitive, exemplary and treble damages, attorneys fees, costs, injunctive relief and other relief the court may deem just and proper.
Allow me to editorialize, but what I think is incredibly ironic about this is my belief that any similarity between Ultra and Monster's packaging was completely unintentional by the defendant. From what I've been lead to understand, the Ultra branded product is sourced from the same factory in China as the Monster product. Apparently, new packaging was not designed and only new header cards and/or inserts were used in place of any Monster branded cards. Of course, this isn't to say that Ultra should be off the hook. Someone should be held accountable, if not the factory responsible for producing both Ultra and Monster accessories.
