(Tyler TX, November 21, 2017) — A jury verdict awarded $12.3 million to Plaintiffs Tinnus Enterprises and ZURU Ltd (collectively, “Plaintiff”) due to damages in a patent infringement case against a well known U.S. telemarketing firm, Telebrands and its subsidiary Bulbhead.com. The patent for the product “Bunch O Balloons” was originally issued on Jan. 16, 2016 in patent No. 9242749. Owner and inventor Josh Malone and ZURU’s Chief Operating Officer Anna Mowbray voiced their commitment to “…continuously fighting what we believe are knock-off companies like Telebrands who try to undercut inventors and claim innovations as their own.” See Telebrands Loses $12.3 Million Verdict for Willful Patent Infringement of Bunch O Balloons from IPwatchdog.com.
Garteiser Honea does not take these types of infringements lightly. Some of our clients have worked with Josh Malone in testifying before Congress to bring to light the seriousness of this issue. Telebrands was marketing knock-off products under different names including “Battle Balloons Color Combat,” “Battle Balloons,” and “Balloon Bonanza HD Color Burst.”
Ajit Khubani, CEO and founder of Telebrands, is not foreign to litigation. Since 1983, Telebrands had been sued more than 50 times for infringement of intellectual property rights. In Case 6:16-cv-00033, plaintiff requested relief in holding Defendant liable for infringement of the ’749 Patent as well as compensation for damages resulting from defendant’s infringement of the ’749 Patent. Successfully, this would include pre-judgment and post-judgment interest. Such a judgment indicates an exceptional case.
On Appeal, the plaintiff Court affirmed $10.25 million for lost profits, $2 million for reasonable royalties, and $67,000 for additional infringement by retailer defendants in case number 6:15-cv-00551 by the United States Court of Appeals for the Federal Circuit located in Washington, DC. The Federal Circuit Panel Judges consisted of Moore, Wallach, and Stoll. Thomas Dunlap, David Ludwig, Robert Spendlove, Eric Olavson, Cortland Putbrese, Jeffrey Ahdoot, Brian Koide of Dunlap Bennett & Ludwig PLLC; Kelly Kubasta of Ferguson Braswell & Fraser PC; Eric Findlay and Debby Gunter of Findlay Craft, PC represented Plaintiff. Lawyers on the case for Telebrands include Dr. Michael Underhill, Eric Maurer, and Stacey Grisby of Boies Schiller & Flexner LLP. Lance Lee and Gregory Love of Love Law Firm, PC; and Robert Maldonado and Elana Araj of Cooper & Dunham LLP represent all defendants.
