High Tech Pet Takes on China in Intellectual Property Suit

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This week Attorneys for High Tech Pet Products filed a final motion for default and permanent injunction in its intellectual property case against Chinese based Shenzhen Jianfeng Electronic Pet Product Co.

High Tech Pet Products, Inc.

High Tech Pet Products, Inc.

The lawsuit alleges that Jianfeng, a Chinese based manufacturer, is importing [products] into the United States that falsely bear High Tech Pet's registered trademarks, trade dress and copyrighted materials.

Today, electronic pet care manufacturer, High Tech Pet Products, Inc. announced that its attorneys, Allen, Dyer, Dopplet, Milbrath & Gilchrist, P.A., filed a motion for default in Federal Court in the Middle District of Florida in case No. 6:14-cv-759-ORL-22TBS High Tech Pet Products, Inc. v. Shenzhen Jianfeng Electronic Pet Product Co., Ltd. et al. The lawsuit alleges that Jianfeng, a Chinese based manufacturer, is importing electronic dog fences, Bark stopping collars and remote electronic dog training collars into the United States that falsely bear High Tech Pet's registered trademarks, trade dress and copyrighted materials. The suit also alleges false designation of origin and other violations of the US Lanham Act. Photographic exhibits in the complaint show plaintiff's trademarks "Bark Terminator", "Humane Contain" and "High Tech Pet" printed on the defendant's product packaging and side by side images alleging that the cosmetic design of the defendant's products is deceptively similar to that of High Tech Pet's. The complaint further alleges that defendant, Jianfeng used High Tech Pet's copyrighted text and common law trademarks including "Pulsed Proportional Stimulus", on their packaging. Other exhibits allege that the defendant's products were advertised widely for sale in the US. Documents cite twenty-five websites where the defendant is allegedly offering products for sale in the United States including Alibaba.com. The complaint notes that Alibaba is one of the world's largest online merchandising websites.

The suit was originally filed as Case No. 1:13-at-00087, in the Northern District of California by the Law Offices of James C. Holland. Declarations in the complaint state that service of process was sent to the Chinese Ministry of Justice in compliance with the Haag Convention but, that the Ministry failed to serve the complaint on the defendants in China. Proof of service documents show that the lawsuit was personally served on the defendants in the United States when representatives of Jianfeng attended the Global Pet Expo in Orlando, Florida. Court records show that James Holland argued that service within the United States on a foreign corporation did not fall under the Haag rules and need only comply with the US rules. US Magistrate Judge Michael J. Seng accepted the service of process as proper but, moved the cast to the Middle District of Florida, the Federal Court district where the defendants were served. Last week Stephan Milbrath filed a motion in the Florida district for default judgment, permanent injunction and award of costs citing the evidence and Jianfeng's failure to appear before the US Court or file an answer to the complaint. Judge Anne C. Conway will rule on the motion.

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High Tech Pet Products, Inc. was founded in 1986. It is a science and engineering driven company employing some of the world's best engineers, scientist, veterinarians, animal behaviorists and trainers and has developed numerous pet technologies including the patented Power Pet electronic door. Earlier this year the company filed for a broad range of new US and international patents covering its new Bluefang wireless technology for pets.

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Nick Bonge
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