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Blue Files Lawsuits, Wins an Order to Show Cause

Blue Microphones, a leader in microphone technology and design innovation, has filed lawsuits in the U.S. and Latvia to protect its trademark and product designs...

Blue Microphones, a leader in microphone technology and design innovation, has filed lawsuits in the U.S. and Latvia to protect its trademark and product designs that are alleged by Blue to be unlawfully used and disparaged by Violet Design, JZ Recording Equipment, Scruples, and several individuals involved with these companies.

The Los Angeles Superior Court civil complaint for money damages and injunctive relief was filed on September 6, 2005. The claim includes allegations of Breach of Contract, Misappropriation of Trade Secrets, Trade Libel, and Civil Conspiracy. On Thursday, September 29, 2005, Los Angeles
Superior Court Judge David Yafee ordered Defendants Scruples, Ltd., Violet
Design Microphones, U.S.A., Juris Zarins Recording Equipment, Avelat Equipment, and individuals Ralfs Niedra and Juris Zarins to appear in the Los Angeles County Superior Court on November 10, 2005, to show cause why a preliminary injunction should not be ordered against them. Blue’s court filing stated in part that individual defendant Ralfs Niedra, manager of Violet Design USA and the person responsible for North American business activities involving the microphones manufactured and marketed by Defendants, appeared to be avoiding service of the deposition notice to be served on him pursuant to the Court’s order of September 16, 2005, allowing an early deposition to go forward in this case.

Evidence presented to Judge Yafee by Blue’s attorneys, Phil Virga and Stephen Healy, included a copy of Blue’s U.S. Patent and Trademark Office Certificate of Registration of the Blue trademark, in counter to messages posted on VIOLET’s website that posit that BLUE is “illegally using the trademark Blue,” in violation of rights purportedly held by VIOLET.

Blue has taken additional legal action to defend its contractual and intellectual property rights including: filing Oppositions with the Office for Harmonization in the International Market against several of Juris Zarins’ 2005 design patent filings, a Trademark Opposition with the Latvian Court regarding the Violet Trademark, and a civil claim in the Riga Regional Court against Scruples, Juris Zarins et al for Breach of Contract. Blue vigorously continues its efforts to protect its trademark and product designs.

Blue Microphones is celebrating its 10th year in business at this year’s AES Convention in New York City. They are now shipping their highly anticipated Snowball USB mic and their Red Type B solid-state mic. They will introduce the OmniMouse, an omni-directional version of their popular Mouse mic at the convention on October 7-10. Blue has recently entered into a comprehensive distribution agreement with Telex, Inc, and added new sales and marketing staff to support growth through the remainder of 2005 and into 2006.

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