Two Juries Award Human Touch Over $9 Million In Infringement Actions
Separate Juries in a California U.S. District Court Award Human Touch $9 Million-Plus in Infringement Cases
September 2008
Human Touch, a manufacturer of massage chairs, has been awarded more than $9 million in damages by a California court in two separate cases involving infringement of its trademarks and patents, the Long Beach, Calif.-based company announced Tuesday.
The biggest award, $4.55 million, resulted from a trademark/trade dress and unfair competition brought against American Lighting Industry in U.S. District Court in California’s Central region. The jury also awarded Human Touch $2.8 million against co-defendant King Kong USA and $425,000 against King Kong President Bernard Koay. A call to King Kong USA was not immediately returned. The company shares an address in Riverside, Calif., with American Lighting Inc.
According to Human Touch’s announcement, the jury found that Human Touch’s federally registered marks were infringed and that King Kong had infringed on protectable trade dress rights regarding the design and overall appearance of Human Touches HTT-10 model massage chairs.
“Human Touch is a pioneer and leader in the development of massage technology and thus holds numerous patents and trademarks. For almost three decades, Human Touch has been developing, marketing and branding innovative technology,” said Andrew Cohen, president of Human Touch. “Our retail partners, distributors and consumers know that there is a difference in the comforts and technologies of a Human Touch branded massage chair and, thus, we will continue to take all necessary measures to ensure that our intellectual property is protected and that retail partners and consumers are never misled by competitors.”
In a separate action, Human Touch said another U.S. District Court jury awarded $1.7 million in damages in a patent infringement action brought against WFO Imports involving Human Touch’s 940 patent of a lower leg massage technology used in the footrest of some of the company’s massage chairs.
The biggest award, $4.55 million, resulted from a trademark/trade dress and unfair competition brought against American Lighting Industry in U.S. District Court in California’s Central region. The jury also awarded Human Touch $2.8 million against co-defendant King Kong USA and $425,000 against King Kong President Bernard Koay. A call to King Kong USA was not immediately returned. The company shares an address in Riverside, Calif., with American Lighting Inc.
According to Human Touch’s announcement, the jury found that Human Touch’s federally registered marks were infringed and that King Kong had infringed on protectable trade dress rights regarding the design and overall appearance of Human Touches HTT-10 model massage chairs.
“Human Touch is a pioneer and leader in the development of massage technology and thus holds numerous patents and trademarks. For almost three decades, Human Touch has been developing, marketing and branding innovative technology,” said Andrew Cohen, president of Human Touch. “Our retail partners, distributors and consumers know that there is a difference in the comforts and technologies of a Human Touch branded massage chair and, thus, we will continue to take all necessary measures to ensure that our intellectual property is protected and that retail partners and consumers are never misled by competitors.”
In a separate action, Human Touch said another U.S. District Court jury awarded $1.7 million in damages in a patent infringement action brought against WFO Imports involving Human Touch’s 940 patent of a lower leg massage technology used in the footrest of some of the company’s massage chairs.
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