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Modavox Files Patent Infringement Lawsuit Against AOL, Time Warner, Inc. and Platform-A, Inc., Amending Its Trademark Infringement Suit Against AOL
Monday, January 26, 2009
Phoenix, AZ -- Modavox, Inc. (OTCBB: MDVX), an Internet broadcasting pioneer in the production and syndication of online audio and video, announced today that it has filed an action against AOL LLC, Time Warner, Inc. and Platform-A, Inc. in the United States District Court for the Central District of California (Case No. CV08-05914 SJO PJWx), asserting they are infringing on 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, a continuation of the original patent that further defines the invention assigned to Modavox. The complaint amended a claim against AOL for trademark infringement, Unfair Competition and False Designation of Origin in connection with AOL's use of THE BOOMBOX designation, which is alleged to be confusingly similar to Modavox's registered trademark BOOMBOX RADIO. Modavox is seeking injunctive relief and as yet unspecified damages stemming from the alleged infringing activities.
David Ide, Chief Executive Officer of Modavox stated, "This action was originally brought in response to an unwelcome perceived infringement of our BoomBox trademark, specifically the unauthorized commercial, for-profit use, copying, display and distribution of our trademark brand name BoomBox. This mark is central to our product and service offerings and we went through great lengths and effort to obtain, preserve and market this brand only to have to protect it from what we believe to be a clear infringement of this brand and its hard fought equity, by AOL. This coupled with our belief that our patented technologies are being infringed across Platform A has left us with no choice but to take this action along with our team in California Federal District Court."
Nathaniel T. Bradley, Chief Technology & Product Officer at Modavox stated, "Our technical analysis of AOL's Platform A convinced us that AOL, Time Warner and Platform A are infringing our patents. Our team of third party technical and legal experts, at considerable cost by our company, has extensively investigated our allegations and asserts that there exists a good faith belief in our allegations of infringement. In particular, AOL's expansion of its subsidiary, Tacoda, Inc.'s Behaviorial Targeting across Platform A has clearly appeared to embody the same underlying method to achieve targeted delivery advertising to consumers."
David Shaub with Shaub and Williams LLP, who is acting as Modavox's lead counsel in the case stated, "We have carefully studied this deployment and cautioned AOL to cease and desist."
The relief sought in the suit by Modavox includes injunctive relief and monetary damages resulting from AOL's alleged patent infringement and use of the Modavox brand name at the website theboombox.com. AOL launched and publicly announced the website on May 20, 2008 as an urban (hip hop and R&B) music, news and information site.
Modavox has a suit pending against Tacoda, Inc. for patent infringement in the US District Court in New York in a case filed in August of 2007 and that case is progressing per the court prescribed schedule. Tacoda was purchased by AOL Time Warner despite that lawsuit in September of 2007 and AOL launched theboombox.com in a beta release on or around October 7, 2007.
About Shaub and Williams LLP
Shaub & Williams LLP is a business and intellectual property law firm, specializing in international transactions, located in Los Angeles, California, with an office in Silicon Valley and affiliated counsel in Chicago and Denver.
Modavox, Inc. (www.modavox.com), a pioneer in Internet broadcasting, producing and syndicating online audio and video, offers innovative, effective and comprehensive online tools for reaching targeted niche communities worldwide. Through patented Modavox technology, Modavox delivers content straight to desktops and Internet-enabled devices. Modavox provides managed access for live and on-demand Internet Radio Broadcasting, E-learning and Rich Media Advertising.
This release contains "forward-looking statements" for purposes of the Securities and Exchange Commission's "safe harbor" provisions under the Private Securities Litigation Reform Act of 1995 and Rule 3b-6 under the Securities Exchange Act of 1934. These forward-looking statements are subject to various risks and uncertainties that could cause Modavox's actual results to differ materially from those currently anticipated, including the risk factors identified in Modavox's filings with the Securities and Exchange Commission.
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