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Plaintiff Carbon Audio d/b/a Boomphones, a Portland-based technology company, alleges that California-based competitor Monster Inc. has created a knock-off of Plaintiff’s “Pocket Speaker” product. Monster’s “Superstar” speaker is claimed to have the same internal and external configuration, as well as copying the distinctive and proprietary sounds of Plaintiff’s product.

Image from Complaint

Image from Complaint

Monster’s Superstar speaker is set to go on sale on March 14 and has allegedly already led to instances of consumer confusion, so Plaintiff has filed a Motion for Temporary Restraining Order (see Memorandum below). Monster has already filed its Memorandum in Opposition to the Temporary Restraining Order.

This lawsuit is moving fast out of the gates so stay tuned for updates.

Carbon Audio LLC et al v. Monster, Inc.

Court Case Number: 3:14-cv-00332-PK
File Date: Wednesday, February 26, 2014
Plaintiff: Carbon Audio LLC, Headbox, LLC
Plaintiff Counsel: Stephanie E.L. McCleary, B. John Casey of K & L Gates LLP
Defendant: Monster, Inc.
Cause: Trade Dress Infringement, Misrepresentation, Misappropriation of Trade Secrets, Tortious Interference with Contractual Relations, Tortious Interference with Prospective Economic Advantage, State Unlawful Trade Practices, Civil Conspiracy, Common Law Conversion, Unjust Enrichment
Court: District of Oregon
Judge: Magistrate Judge Paul Papak


Memorandum in Support of Temporary Restraining Order and Expedited Discovery:

Memorandum in Opposition to Temporary Restraining Order: