JUDGE DENIES MONSTER CABLE® AND BEATS™ ELECTRONICS MOTION TO BLOCK FANNY WANG HEADPHONE CO.™ FROM SHOWING PRODUCTS AT CES
Temporary restraining order was denied, as convincing evidence of infringement was not proven
On Monday, Fanny Wang Headphone Co. appeared in San Francisco Federal Court to argue a motion filed by Monster Cable and Beats Electronics to prevent them from showing their new headphones at CES, a product that would inevitably raise the bar in style and sound against Beats by Dr. Dre. The judge denied the restraining order indicating that there is insufficient evidence that the new headphones infringe on patents and trade dress as alleged by Monster.
Fanny Wang successfully argued that the on-ear headphones do not infringe on Monster Cable’s design patent due to its distinct ornamental design, also arguing that the functional elements (hinges and slides) are not protected under design patent law. In court, Fanny Wang also showed examples of similar unibody designs from Shure®, Sony® and others to illustrate the trend in this style. Fanny Wang also contrasted the marketing of their product, which features strong, exotic, female models, to Beats spokesperson, Dr. Dre.
“We aren’t surprised by the judge’s ruling that there is insufficient evidence supporting Monster’s allegations. We really feel that Monster and Beats purposely created unnecessary burden by timing their motion to coincide with CES,” said Tim Hickman, CEO and Co-Founder of Fanny Wang Headphone Co. “Justice has prevailed, and now consumers, retailers and distributors will be able to compare the headphone products based on design and performance.”
With the ruling, Fanny Wang Headphone Co. is proud that it will be at the CES in Las Vegas for media and retailers to learn more about the new audio fashion brand. Interested CES attendees can visit the Fanny Wang Headphone Co. in the North Hall’s iLounge Pavilion, booth #5238. The Fanny Wang On-Ear Headphones will be available to test during regular show hours.
Such lawsuits are not uncommon for Monster Cable. Online records show that Monster has sued 10 companies just since Christmas. The public can show their support for Fanny Wang and headphone innovation by “friending” their Facebook page (HelpFannyWangBeatMonster http://www.facebook.com/HelpFannyWangBeatMonster or donating to their legal defense fund, which will give $100 credit on future Fanny Wang headphone orders for every $50 donation. Details regarding the Monster Cable and Beats Electronics lawsuit against Fanny Wang (California Northern District Court, Case Number: 3:2010cv05680) are at http://www.FannyWang.com.
Fanny Wang Headphone Co. is a new line of ultra premium headphones, which launched on December 10, 2010, and is now shipping. With fashion brands outpacing tech brands over the last year, Fanny Wang is setting itself apart by providing a superior sound, eye-catching style and competitive pricing – the best of fashion and technology for audio. The headphones are available on the Fanny Wang website http://www.fannywang.com.
Joanne Carter
Joanne Carter, creator of the world’s most popular mobile photography and art website— TheAppWhisperer.com— TheAppWhisperer platform has been a pivotal cyberspace for mobile artists of all abilities to learn about, to explore, to celebrate and to share mobile artworks. Joanne’s compassion, inclusivity, and humility are hallmarks in all that she does, and is particularly evident in the platform she has built. In her words, “We all have the potential to remove ourselves from the centre of any circle and to expand a sphere of compassion outward; to include everyone interested in mobile art, ensuring every artist is within reach”, she has said. Promotion of mobile artists and the art form as a primary medium in today’s art world, has become her life’s focus. She has presented lectures bolstering mobile artists and their art from as far away as the Museum of Art in Seoul, South Korea to closer to her home in the UK at Focus on Imaging. Her experience as a jurist for mobile art competitions includes: Portugal, Canada, US, S Korea, UK and Italy. And her travels pioneering the breadth of mobile art includes key events in: Frankfurt, Naples, Amalfi Coast, Paris, Brazil, London. Pioneering the world’s first mobile art online gallery - TheAppWhispererPrintSales.com has extended her reach even further, shipping from London, UK to clients in the US, Europe and The Far East to a global group of collectors looking for exclusive art to hang in their homes and offices. The online gallery specialises in prints for discerning collectors of unique, previously unseen signed limited edition art. Her journey towards becoming The App Whisperer, includes (but is not limited to) working for a paparazzi photo agency for several years and as a deputy editor for a photo print magazine. Her own freelance photographic journalistic work is also widely acclaimed. She has been published extensively both within the UK and the US in national and international titles. These include The Times, The Sunday Times, The Guardian, Popular Photography & Imaging, dpreview, NikonPro, Which? and more recently with the BBC as a Contributor, Columnist at Vogue Italia and Contributing Editor at LensCulture. Her professional photography has also been widely exhibited throughout Europe, including Italy, Portugal and the UK. She is currently writing several books, all related to mobile art and is always open to requests for new commissions for either writing or photography projects or a combination of both. Please contact her at: [email protected]
