Auratone LLC v. Music Group IP Ltd. Et al. (18-cv-11228).

Auratone is a speaker company founded by Jack Wilson in the 50’s. The company became known for monitor speakers, the “Auratone 5C and 50C Super Sound Cubes, that became the studio standard monitor speaker in the 70’s, and achieved considerable success and fame – the Auratone 5C Super Sound Cube was inducted into the National Association of Music Merchants (NAMM) Hall of Fame in 2015. While running the company, Wilson obtained a federal trademark registration on AURATONE; in 2004, however, the mark lapsed when Wilson’s failing health prevented him from filing an affidavit of continuing use; Wilson passed away shortly thereafter. His heirs attempted to continue the business, marketing and selling existing inventory, and eventually sold the business, along with the rights to the AURATONE mark to one of Wilson’s grandsons, who formed Auratone, LLC in 2013. Auratone continued to market and manufacture speakers, and filed a new trademark application for the AURATONE mark, claiming a date of first use of 1959. Aruatone accuses the defendants, a pair of companies residing in the British Virgin Islands and the Philippines, of trademark and trade dress infringement and passing off as a result of the defendants’ making knock-offs of the Super Cube speakers that utilize the AURATONE mark and the trade dress of the speakers. Auratone also challenges the defendants’ application for a trademark on the AURATONE mark, which was based on an intent to use. Of interest, the suit is being brought by law students at the Suffolk University Intellectual Property and Entrepreneurship Clinic pursuant to SJC Rule 3:03.

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