ADJ companies American DJ Supply and Elation Professional have reached an out of court settlement with American Lighting, Inc. and its Hong Kong-based parent company, Neo-Neon, involving a trademark infringement lawsuit. Under terms of the agreement, American Lighting and Neo-Neon have agreed to stop selling special effects lighting products and distributing marketing material that use the names “American,” “Revo” and “E-Pro” in the US market.
The ADJ companies initiated legal action against American Lighting in 2012, charging it with trademark infringement and unfair competition under the Lanham Act. Neo-Neon was later added to ADJ’s lawsuit, which centered on the use of the names “American,’ “Revo” and “E-Pro” on special effects and entertainment lighting products intended to compete with the ADJ Group’s American DJ and Elation Professional lines.
“As a company, ADJ welcomes fair competition in a free and open market,” said Toby Velazquez, President of the ADJ Group of Companies. “However, when any competitor contrives to create confusion in the market in an attempt to reap the benefits of the brand recognition and stellar reputation that ADJ has earned in its market, we’re compelled to take legal action We have invested a great deal of time, effort and money in establishing ‘American DJ’ and ‘Elation Professional’ as leading brands in special effects and entertainment lighting. We’ve also worked very hard to create some of the industry’s most recognizable products like the Revo Series.”
“Given the fact that some competitors attempted to arrogate ADJ’s highly regarded brands and names, it’s very understandable that American DJ must seek legal recourse,” added Ken Sherman of Sherman & Zarrabian LLP, the attorney who represented ADJ in the case.
As part of the settlement, American Lighting acknowledged “that American DJ owns all rights, title and interest, in and to the name, trademark and brand ’American,’ and shall have the sole and exclusive right to advertise, market, sell, offer for sale, import for sale, any special effects lighting, entertainment lighting, audio products and entertainment lighting accessories bearing the American DJ®, American Audio® and American™ marks.”
Neo-Neon and American Lighting have also agreed, effective immediately, to cease importing into the U.S. any special effect lighting, entertainment lighting, audio products and entertainment lighting accessories under any name including the word “American.”