Krush Communications, LLC Sues Lunex Telecom, Inc. for Allegedly Infringing Patent 8,295,805, Trade Secret Misappropriation, Unfair Competition and Tortuous Interference

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Prepaid telecom services innovator, Krush Communications, files suit against competitor alleging willful infringement of its U.S. Patent No. 8,295,805 and an assortment of other business torts. Krush seeks unspecified, treble damages and injunctive relief.

We filed this case for a very simple reason. Krush’s intellectual property and trade secrets are being knowingly and unfairly exploited

On January 9, 2013, Krush Communications, LLC (“Krush”), a prepaid telecom industry innovator, service provider and SMS aggregator, announced that it filed a lawsuit against Lunex Telecom, Inc. (“Lunex”), alleging patent infringement, trade secret misappropriation, unfair competition and tortuous interference with business expectations. The lawsuit was filed in the United States District Court for the District of New Jersey, Civil Action No. 3:13-cv-00169-MAS-LHG: Krush Communications, LLC. v. Lunex Telecom, Inc., the Hon. Michael A. Shipp presiding.

"We filed this case for a very simple reason. As detailed in our complaint, we allege Krush’s intellectual property and trade secrets are being knowingly and unfairly exploited," said Tom Quigley, CEO of Krush.

The lawsuit claims that Lunex has willfully infringed and continues to infringe on Krush’s proprietary web portal distribution system. In 2009, after significant investments of time, financial resources and creative ingenuity, Krush invented a web portal distribution system that delivers a SMS/Text Message receipt directly to a customer’s wireless phone. The receipt includes not only confirmation of the purchase of prepaid minutes, but also the local access number, enabling the customer to effortlessly initiate pin-less domestic and international long distance calling directly from their wireless device.

According to Quigley, "This process of using virtual replenishment coupled with sending the pertinent access numbers via an event driven SMS/Text Message has revolutionized the sales process of prepaid international long distance. Our invention has allowed Krush to maximize sales efforts and reduce or even eliminate printing, storage and distribution costs associated with traditional calling card sales methods, which requires physical cards."

Krush alleges that its invention, along with the company’s trade secrets concerning how the web portal distribution system would be implemented into the marketplace, were unlawfully obtained and misappropriated by Lunex.

According to court documents, since September 2010, Krush has notified Lunex of its infringement on several occasions, but Lunex has shown no willingness to discontinue its infringing and unlawful behavior.

“We will no longer tolerate companies that have no respect for our intellectual property and trade secrets. When someone takes our property, without our permission and through a license or other symbiotic commercial arrangement, we have no option but to protect our legal rights through every means available to us,” said Quigley.

Since the issuance of its patent, Krush has entered into numerous patent licensing agreements and other mutually beneficial business arrangements with prepaid companies and prepaid platform providers. These companies respect Krush’s intellectual property rights and will be approaching the continuing technological transformation of the international prepaid long distance marketplace as partners with Krush, with future opportunities to leverage Krush’s intellectual property and other value-added services to increase market share and revenue per customer.

Krush is represented by Washington, D.C.-area telecommunications and intellectual property firm, Marashlian & Donahue, LLC. Lead counsel in the lawsuit against Lunex is Sterns & Weinroth, P.C. All inquiries regarding this matter should be directed to Krush’s attorney, Jonathan Marashlian, at (703) 714-1313 or jsm(at)commlawgroup(dot)com.

Krush Communications is the company behind the Homies No Mas Pin Brand. The company recently announced national sales commitments by companies including Softgate Systems, Viamericas, Secure Check Cashing Inc., and epay.

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Jonathan S. Marashlian
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