Cellstar Ltd USA sues Cel*Star (Guyana) for $100M
By George Barclay
June 22, 2004
CELLSTAR Limited by National Auto Center, INC, sole general partner, a limited partnership organised under the laws of Texas, USA, has sued CEL*STAR (Guyana) Inc. for unlawful infringement of trade marks Nos. 19890C and 17,776A. The Plaintiff is seeking damages in excess of $100M for wrongful and unlawful infringement of Trade Marks.
The USA company is also seeking an injunction to restrain the defendant company, whether by themselves, directors, officers, servants, employees, agents or otherwise from passing off CELLSTAR products and services not of the Plaintiff as goods and services of the Plaintiff by the use of the mark CEL*STAR or any other colourable initiation of the Mark CEL*STAR or otherwise howsoever.
A writ to the effect was issued in the Supreme Court Registry last Friday afternoon, by Mr. Edward A. Luckhoo, S.C. and Mr. Rafiq Khan, attorney-at-law for the Plaintiffs.
According to the indorsement of claim, the Plaintiffs are and were at all material times the registered proprietors of the trademark “CELLSTAR” registered as: United Kingdom Trade Mark Registration No. 201172 dated February 21, 1995 and registered in Guyana under Part C of the Register, Trade Mark No.19890C effective from February 21, 1995 in respect of Class 09 of cellular telephones, mounting brackets, antennas, antenna mounts, batteries, battery chargers, battery eliminators, input and output jacks, carrying cases, headphones, remote listening and speaking devices; all the aforesaid for use with cellular telephones; and Class 38 in respect of cellular telephone communication services.
The Plaintiffs pointed out that the said registrations are and were in force and at all material times valid and subsisting.
The Plaintiffs are also alleging that the Defendants in or about 2001 caused to be incorporated in Guyana under the Companies Act, 1991 a company CEL*STAR (GUYANA) INC. and have since by the use of the words design and mark CEL*STAR infringed the Plaintiffs’ registered trade marks and continue to infringe the aforesaid trade marks.
The Defendants, it is said, have used the mark CEL*STAR to pass off or caused to be passed off the goods and services of the Defendants as those of the Plaintiff.
In the alternative the Defendants intend to infringe the Trade Marks of which the Plaintiffs are the registered proprietor and or to pass off or caused to be passed off the goods or services of the Plaintiff as those of the Defendants
The Defendants are commanded that within ten days after the service of the Writ is affected that appearance be entered on their behalf. The Defendants were also notified that in default of so doing, the Plaintiffs may proceed therein and judgment may be given in the absence of the Defendants. (George Barclay)