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Pyxix Corporation Challenges Documentary Channel's Nuisance Trademark Suit
Pyxix says "Documentary Channel" is too generic to be trademarked by DCI; asks court to dismiss DCI's trademark lawsuit against Pyxix; asks for DCI to reimburse Pyxix defense legal fees.
Woodland Hills, CA (Billboard Publicity Wire/PRWEB ) November 8, 2007 -- Pyxix Corporation, the diversified global media company whose mission is connecting the artist with audience, is challenging the trademark infringement lawsuit filed by Documentary Channel Inc. (DCI).
The case was filed in the US District Court in Nashville, TN (3:07-CV-00673).
At issue is whether the term "documentary channel," which Pyxix adds as a descriptive phrase after its trademarked "DocuPyx" name, is or can be a DCI registered trademark.
The "DocuPyx™ Documentary Channel" is one of several global media channels through which Pyxix Corporation connects the artist and audience. Other Pyxix channels include ComedyPopTM, UrbanChillers®, Musyx and PyxNet.
"Pyxix is surprised that DCI filed this nuisance lawsuit," says Amit Tripathi, President and CEO of Pyxix Corporation. "We are both burning precious resources: time, energy and money. It seems that DCI is trying to circumvent the established procedure of the United States Patent and Trademark Office (USPTO) where DCI has already filed a request for a trademark. During the USPTO opposition period, Pyxix objected on the grounds that 'documentary channel' is merely descriptive, generic and used by others in the same class."
"Despite the lawsuit, Pyxix remains focused on delivering the best documentaries on any media globally," Tripathi comments. "I have always been aware of how difficult it is for the artist to reach out and connect. As an emerging media company, we are helping break through technical and financial barriers for artists around the world by providing media channels, products, services and technology."
Pyxix requests suit dismissal, legal fee reimbursement
Pyxix is asking the court in Tennessee to dismiss the suit and for DCI to reimburse it for legal expenses incurred in defending itself.
Trademark attorney's blog doubts that DCI can prevail
Intellectual Property Attorney Anthony J. Tambourino, who has no connection to either DCI or Pyxix, commented on the case in his blog:
Perhaps it is from my former days as a trademark examiner, but I find the distinction between highly descriptive trademarks such as this one, and generic words almost meaningless… It is difficult to believe that any amount of advertising could build distinctiveness in such a mark….
Tambourino's commentary can be found at www.yournameismybusiness.com/?p=41.
About Pyxix™
Pyxix Corporation (www.Pyxix.net) is a privately held company with media channels, products, technologies and services to provide entertainment for global audiences. With a network of talent and expertise crossing multiple geographies, cultures, languages and genres, the company delivers original creative content, innovative technologies and high quality production services for film, television, internet, digital, and mobile media for global markets.
Pyxix operates a number of comprehensive entertainment channels including: UrbanChillers® horror channel, ComedyPop™ comedy channel, DocuPyx™ documentary channel and Musyx global music channel (coming soon). Pyxix is also inviting artists of all genres and media to join the collaborative network, PyxNet.
Pyxix Corporation is located at the Warner Center, 6303 Owensmouth Avenue, 10th Floor, Woodland Hills, CA 91367. The corporate web site is Pyxix.net.
About DocuPyx™ Documentary Channel
DocuPyx™ (www.docupyx.com) brings vivid and high quality documentaries from around the world directly to the viewer. DocuPyx showcases a range of media, from current and vital work by seasoned professionals, to autobiographical shorts and digital storytelling. Filmmakers and audiences can browse through the creative and thought-provoking video collection, as well as contribute and share their most introspective material with the world. The viewer profile is multi-generational; multi-lingual; amateur and professional; documentary filmmakers; video journalists, and digital storytellers.
DocuPyx Highlights:
- "Featured Documentaries" section honors skilled and talented filmmakers
- "Now Playing" section for top new releases
- Video Journalist exposé provides in depth interviews with filmmakers
- Reviews and forums provide an opportunity for engaging feedback, critique and collaboration
- The new "Point of View" digital storytelling project invites everyday people to make their own media, share their unique stories and express political views
- Global documentary contests for documentary films or videos in any language
Press contact:
Hellena Smejda
Pyxix PR Director
(352) 875-8156
Hellena.Smejda@Pyxix.net
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