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 is a British photography journalist, editor, curator, and the founder of *TheAppWhisperer.com*, one of the world’s leading platforms dedicated to mobile photography and art. Since its launch in 2009, TheAppWhisperer has become an international hub for artists of all levels to discover, learn, exhibit, and engage with contemporary photographic practice.Built on principles of inclusivity, accessibility, and artistic excellence, Joanne has spent almost two decades championing mobile photography as a serious artistic medium. Through interviews, critical essays, exhibitions, competitions, and education, she has helped shape and document the evolution of mobile art on a global scale.Her work has taken her internationally, lecturing on photography and mobile art at institutions and events including the Museum of Art in Seoul, South Korea, alongside appearances in the UK and Europe. She has served as a juror for international photography and mobile art awards across Portugal, Canada, the United States, South Korea, Italy, and the UK.Joanne is also the founder of *TheAppWhispererPrintSales.com*, one of the first online galleries dedicated exclusively to collectible mobile art, connecting artists with collectors across Europe, the United States, and Asia.Before founding TheAppWhisperer, Joanne worked extensively in print journalism and photographic publishing, including roles at a paparazzi photo agency and as deputy editor of a leading photography magazine. Her freelance journalism, criticism, and commentary have been published widely in both the UK and the US, with bylines in *The Times*, *The Sunday Times*, *The Guardian*, *Popular Photography*, *NikonPro*, *DPReview*, *Which?*, *Vogue Italia*, *LensCulture*, the *BBC*, and more recently, the *Financial Times*, where her published letters on photography continue to contribute to wider conversations around the medium.Alongside her editorial and curatorial work, Joanne’s own photographic practice has been exhibited internationally across the UK, Europe, South Korea, and the United States. Her work increasingly explores themes of grief, loss, death, memory, and the body.Her current research interests centre on grief, death, and poverty, with forthcoming postgraduate study leading towards doctoral research in these areas.Joanne is currently developing new long-form writing and photographic projects and is available for commissions, editorial projects, speaking engagements, and collaborations.Contact: joannetheappwhisperer@gmail.com)
