SAN FRANCISCO – An action camera manufacturer is suing a New York company over claims it sells cameras that violate the plaintiff's copyrights.
GoPro Inc. filed a complaint on April 13 in the U.S. District Court for the Northern District of California against 360Heros Inc., citing copyright infringement, unfair competition and trademark infringement.
According to the complaint, the plaintiff alleges that beginning on Nov. 1, 2012, it suffered damages and lost profits as a result of similarly designed products being sold on the market. The plaintiff holds 360Heros Inc. responsible because the defendant allegedly continued to produce products that are very similar and in fact compatible with plaintiff's offerings despite their trademark application being rejected by the United States Patent and Trademark Office, which cited that the defendant's products were likely to be confused with the plaintiff's.
The plaintiff requests a trial by jury and seeks to enjoin the defendant from selling, offering and distributing products that resemble the Hero or the Abyss mark; recover lost profits and damages in an amount to be proven in trial; interest; all legal fees and any other relief as the court deems just. It is represented by James G. Gilliland Jr., Mehrnaz Boroumand Smith and Ryan Bricker of Kilpatrick Townsend & Stockton LLP in San Francisco.
U.S. District Court for the Northern District of California Case number 5:16-cv-01944-NC