CHRISTIE, PARKER & HALE, LLP WINS $4.55 MILLION
AWARD ON BEHALF OF HUMAN TOUCH® LLC
IN TRADEMARK/TRADE DRESS INFRINGEMENT ACTION
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Jury Finds Defendants Intentionally Infringed Trademarks and Trade
Dress Of Leading Distributor of Robotic Massage® Chairs LOS ANGELES, Calif. (Sept. 25, 2008)—Intellectual property law firm Christie, Parker & Hale, LLP today announced that a U.S. District Court jury awarded $4.55 million to its client, Human Touch® LLC, in a trademark and trade dress infringement and unfair competition action brought against American Lighting Industry, Inc. The jury also awarded Human Touch—the leading U.S. marketer of Robotic Massage® chairs—$2.8 million against co-defendant KingKong U.S.A., Inc, and $425,000 against KingKong’s president, Bernard Koay. Both federally registered and unregistered marks, all which include the name Human Touch, were found to be valid and infringed. The jury also determined that Human Touch had protectable trade dress rights in the revolutionary design and overall appearance of its HTT-10 model massage chair and that KingKong had infringed on those rights. Defendant Koay was found to have induced infringement by KingKong. The jury held that all defendants had committed acts of unfair competition and that all defendants acted intentionally. In a related action, Christie, Parker & Hale announced separately today that another U.S. District Court jury awarded $1.7 million in damages to Human Touch in a patent infringement action brought against WFO Imports LLC which does business as Premier Health Products. In that matter, the jury validated Human Touch’s rights to U.S. Patent No. 6,629,940 (referred to as the ‘940 patent), which describes a new and greatly improved lower leg massage mechanism used in the footrest portion of a massage chair. Attorneys David Dillard and Art Hasan led the Christie, Parker & Hale legal team that prosecuted the case. "Human Touch’s reputation and goodwill, developed over decades of hard work, are engendered in its trademarks and the unique, recognizable designs of its massage chairs," Dillard said. "Competitors should not be allowed to profit by copying these valuable assets and trading off the reputation and goodwill that Human Touch enjoys with consumers and in the industry." Christie, Parker & Hale has served as intellectual property legal counsel to Human Touch (formerly Interactive Health LLC) since 1995. It also represents a wide range of consumer-goods manufacturers and distributors in patent prosecution, litigation and licensing matters. About Human Touch® LLC Human Touch®, the U.S. market leader of robotic massage products, offers advanced technology and designs for consumers seeking to incorporate health and wellness into their everyday routine. Appealing to back pain sufferers, sports enthusiasts, and those looking to relax from today's hectic lifestyles, Human Touch delivers® high-quality Robotic Massage® chairs, zero gravity recliners, and other massage products that are generations ahead of the competition. Human Touch® currently sells products to specialty stores, fine furniture stores across the country, on-line at www.humantouch.com as well as international retailers and distributors in more than 48 countries worldwide. About Christie, Parker & Hale Christie, Parker & Hale is a leading intellectual property law firm operating at the intersection of science, technology and the law. Engaged exclusively in all aspects of intellectual property law, most of the firm’s attorneys hold degrees in engineering or the sciences, bringing added value and perspective to client service. Drawing on a 54-year heritage, the firm continues to propel innovation and stimulate business growth by protecting its clients’ most valuable assets -- intellectual property. # # # |
