|[February 27, 2008]
Nuvio Announces Trademark Infringement Lawsuit against Garmin International, Inc.
OVERLAND PARK, Kan. --(Business Wire)-- Nuvio Corporation, a leading provider of on-demand business phone service, today announced that it has filed a trademark infringement lawsuit against Garmin International, Inc. (NASDAQ: GRMN) in the U.S. District Court of Kansas. Garmin's recently announced Nuvifone infringes on the prior Nuvio trademark which Nuvio uses on Nuvio phones and its telephony services.
Prior to filing the lawsuit, Nuvio attempted to reach a mutually satisfactory resolution with Garmin. No resolution was reached and Nuvio filed legal action to protect its rights.
"While we would have preferred to settle this without resorting to a lawsuit, we felt it was important to ensure that our customers and potential customers are not confused by someone abusing our legally protected trademark," stated Jason P. Talley, Nuvio's CEO. "Our customers commonly refer to our service as the Nuvio phone."
Nuvio's lawsuit alleges that Garmin knowingly and willfully appropriated Nuvio's trademark. In addition to a determination that Garmin has infringed on the Nuvio trademark, Nuvio is seeking a permanent injunction that prohibits Garmin from using the Nuvi name.
Nuvio issued a cease and desist letter to Garmin on January 31, 2008. As well as seeking a permanent injunction barring Garmin from using the Nuvio trademark, Nuvio has requested damages for past infringement.
Nuvio Corporation, a provider of on-demand business communication solutions, distributes its products through direct, indirect and wholesale channels. Nuvio offers a reliable, stable communications platform providing unparalleled uptime for customers. Since 2003, Nuvio has provided PBX services for small to medium-sized businesses in a cost-effective manner. For more information, visit www.nuvio.com. Nuvio product names and the Nuvio logo are trademarks of Nuvio Corporation. All other products and brands mentioned are trademarks and/or service marks of their respective owners.
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