Augme Trademark Infringement Case Against AOL Transferred from Orange County to New York

By Joseph Mandour on December 20, 2011

radio-boombox-thumb-200x170-32331 Orange County – The United States District Court in New York has scheduled a pretrial conference for early next year for a trademark infringement lawsuit filed by Augme Technologies, Inc. against the Internet Service Provider America Online (AOL). The judges order for the pretrial conference will require the parties to create a schedule to prepare their case and to set a trial date.

The case, which was originally filed by Augme in January, 2009, was transferred from the United States District Court for the Central District of California to the New York court, at the request of the defendants’ counsel. Augme’s complaint includes allegations of trademark infringement, unfair competition, and false designation of origin in connection with AOL’s use of THE BOOMBOX designation on its website www.theboombox.com. This, according to Augme, is confusingly similar to its registered trademarks BOOMBOX RADIO and BOOMBOX and the company is seeking a permanent injunction and unspecified damages for the alleged infringement.

Augme’s complaint also includes allegations of patent infringement against not only AOL, but also Time Warner and Platform-A, AOL’s advertising organization. According to the complaint, the three defendants are guilty of infringing on Augme’s United States Patent No. 6,594,691, “Method and System for Adding Function to a Web Page,” and United States Patent No. 7,269,636, “Method and Code Module for Adding Function to a Webpage.”

“The setting of a trial date for this case represents a significant milestone,” stated Paul Arena, CEO for Augme. “Our legal counsel will, at this conference, present a detailed proposal to the court for advancing this case to trial. This case is directed at the AOL advertising systems, including its Project Devil, Platform-A, and Time Warner ad delivery systems, which have accumulated what we believe to be significant damages during AOL and Time Warner’s continued and blatant infringement on our intellectual property.”

Augme Technologies is a full-service marketing solutions and patented technology provider. The company creates strategic solutions and mobile technology to leading consumer and healthcare brands, specifically through the use of its AD LIFE mobile marketing technology platform. This platform consists of consumer response tags, UPC codes, SMS, Image Recognition, mobile banner, and rich media ads, in order to facilitate consumer brand interaction and the ability to track and analyze marketing campaign data.

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