I have just received this press statement from the “Echo 1 Sports, In.” team over in the USA.
Some companies who are carrying JG’s products said that ECHO 1 USA is exactly the same as JG.This is totally incorrect.
ECHO1’s products have been carefully selected before we ship to US and even the internal parts are different!
Plus, we provided local service and warranty in USA.These companies are using our brand name to promote their own products and it is violate the laws.
We already asked our lawyers to send letter to companies, including Airsplat.com
The following is our statement:
We represent Echo 1 Sports, In. a well known company in airsoft industry.
Echo 1 Sports, Inc. has been using the mark “Echo 1 USA” for airsoft since October 2006. Echo 1 Sports, In. has worked very hard and expended substantial resources developing and maintaining the “Echo 1 USA” mark for air soft, such that is well known and has come to represent Echo 1 Sports, In.’s quality, service, and reliability.
It has recently come to our client’s attention that you are using the name “Echo 1 USA” in connection with the sales of airsoft in commerce in the United States. More troubling is that you are improperly confusing our customers and potential customers, telling them that the products you are selling are “Echo 1 USA” products and wrong fully causing them to purchase products from you under a misrepresentation that they are purchasing Echo 1 Sports, In.’s products, when they are not. Such conduct is unfair competition that is illegal and violates of the Lanham Act.
Moreover, there can be no doubt that your use of “Echo 1 USA” in the sale of air soft has actually confused our customers and more generally creates a strong likelihood of confusing or mistake among the public as to the source of the products. Further, it is our understanding that your use of “Echo 1 USA” occurred no earlier than January 2007 when Echo 1 Sports, In. was incorporated in October 2006. Your actions are direct violation of Echo 1 Sports, In.’s well-established federal and common law rights in its mark “Echo 1 USA” and constitute trademark infringement under section 32 of the Lamham Act, unfair competition and a violation of section 43 (a) of the Lamham Act, as well as various laws of the State of California. Such conduct will not be tolerated.
Echo 1 Sports, In. here demands that each of you immediately cease and desist from (1) any further use of the name ”Echo 1 USA” in connection with the sale of any air soft products, and (2) telling others that your products are not Echo 1 Sports, In.’s products.
In light of Echo 1 Sports, In.’s superior federally protected rights and the confusing that you have caused and will likely result form the sue of such identical marks on identical products in the same channels of trade to the same customers, we expect that you will immediately discontinue your use of “Echo 1 USA” in all sales, marketing and promotional activities.
Please confirm in writing to the undersigned as soon as possible, but not later than March 24, 2007, that you will agree to the foregoing. If we do not hear from you, we must assume that you intend to continue your course of conduct in derogation of our client’s rights, and we will be forced to pursue the full extent of the remedies available under the applicable state and federal law, which includes injunctive relief, monetary damages (which can be doubled or treble din the event of intentional infringement), profit disgorgement, attorneys’ fees and courts costs.
We hope that this matter can and will be settled amicably and quickly, but we necessarily reserve all of our clients’ rights in law and equity in the event that no such resolution is reached. We look forward to hearing from you promptly.
