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February 29, 2008

Nuvio Files Trademark Infringement Lawsuit against Garmin International, Inc

By Calvin Azuri, TMCnet Contributing Editor

Nuvio Corporation, a leading provider of on-demand business phone service, has filed a trademark infringement lawsuit against Garmin International (News - Alert), Inc. (NASDAQ: GRMN) in the U.S. District Court of Kansas, according to a press release. This follows Garmin’s recent announcement about Nuvifone infringes on the previous Nuvio (News - Alert) trademark that is used by Nuvio on all its phones and telephony services.
“While we would have preferred to settle this without resorting to a lawsuit, we felt it was important to ensure that our customers and potential customers are not confused by someone abusing our legally protected trademark,” Jason P. Talley, Nuvio’s CEO, was quoted as saying in the report. “Our customers commonly refer to our service as the Nuvio phone.”
Garmin Ltd. (NASDAQ: GRMN), based in George Town, Cayman Islands, is the parent company of a group of companies founded in 1989 by Gary Burrell and Min Kao (hence the name GarMin), that develops consumer, aviation, and marine technologies for the Global Positioning System. Its subsidiary Garmin International, Inc. serves as headquarters for the Garmin Limited companies and is located in Olathe, Kansas, which is located in the Kansas City Metropolitan Area.
Nuvio Corporation is a provider of on-demand business communication solutions. The company distributes its products through direct, indirect and wholesale channels. Nuvio offers a reliable, stable communications platform that guarantees unparalleled uptime for customers. Since 2003, Nuvio has offered PBX services to small to medium-sized businesses in a highly cost-effective manner.
Before Nuvio had filed the lawsuit, it had made an effort to mutually resolve the issue with Garmin and ensure that both parties are satisfied. However, since the issue was not resolved, Nuvio chose to file legal action to protect its rights.
According to Nuvio’s lawsuit, Garmin has intentionally and willfully ‘appropriated Nuvio’s trademark’. Nuvio has sought a determination that Garmin has infringed on the Nuvio trademark. In addition to this, Nuvio is also demanding a permanent injunction, which will prevent Garmin from appropriating the Nuvio name.
On January 31, 2008, Nuvio had issued a cease and desist letter to Garmin. Nuvio has also sought damages for past infringement in addition to the permanent injunction that restricts Garmin from using the Nuvio trademark.
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Calvin Azuri is a contributing editor for TMCnet. To read more of Calvin’s articles, please visit his columnist page.


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