$100M trademark lawsuit filed against Cel*Star
June 23, 2004
Cellstar Ltd of Texas, USA has filed a $100 million lawsuit against Cel*Star Guyana for alleged infringement of its trademark.
According to a writ filed in the High Court by Senior Counsel Edward Luckhoo and attorney-at-law Rafiq Khan, Cellstar Ltd was registered on February 21, 1995 as United Kingdom trademark No. 201172. And in Guyana, it is under Part C of the Register with trademark No. 19890C in respect of Class 09 of cellular phones and accessories.
The plaintiff says that it is the sole general partner of National Auto Center by virtue of a limited partnership organised under the laws of Texas and gives the address of its principal place of business as at 1730 Briercroft Court, Carollton, Texas 75006, United States of America.
In documents endorsing its claim the plaintiff says: that it was and has been at all material times the registered proprietors of the trademark Cellstar, and as such has the right to conduct business relevant to the production and distribution of cellular phones and accessories and as guaranteed under class 38, to provide cellular communication services; that its registration is and has at all material times been valid and subsisting. It says that the defendants, during or around 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 words, design and mark Cel*Star infringed the plaintiffs registered trade marks and continue to infringe the aforesaid trademarks." It also said that Cel*Star Guyana "used the mark Cel*Star to pass off or cause to be passed off the goods and services of the defendant as those of the plaintiff [or that alternatively], ...the defendants intend to infringe the trademarks of which the plaintiff is the registered proprietor and/or pass off or cause to be passed off the goods or services of the plaintiff as those of the defendant."
Cellstar [USA] is therefore seeking, in addition to the damages in excess of $100 million, injunctions restraining the defendants whether by themselves, directors, officers, servants, employees, and agents or otherwise from "...infringing the trademarks No. 19890C and 17.776A or passing off the products previously listed by use of the mark Cel*Star or any other colourable initiation of the mark Cellstar or otherwise howsoever."
Additionally, Cellstar [USA] is attempting to inquire in relation to damages and has claimed for an order for payment "with interest" of all sums found to be due [or] "...alternatively at the option of the plaintiffs, an account of profits, [further]...an order for delivery and erasure and/or destruction of all marked articles verifying the plaintiffs registered trademarks and interest at the rate of 6 percent per annum under the Law Reform (Miscellaneous Pro-visions) Act Chapter 6:02 Laws of Guyana as well as such further and other relief the Court deems fit, and costs."