2004 ***FOR IMMEDIATE RELEASE***
WINS SUMMARY JUDGMENT AGAINST ELECTROSOURCE (aka PELICAN ACCESSORIES)
IN BOGUS TRADEMARK SUIT
CALIFORNIA Pelican Products, Inc., the Torrance, California
maker of high quality flashlights and protective equipment cases announced
today that the Court granted summary judgment for Pelican against ElectroSource,
LLC of Vernon, CA. holding that a trademark that ElectroSource had purchased
and then immediately used to sue Pelican for trademark infringement, had
long since been abandoned. ElectroSource began using the name Pelican
Accessories on various products including hard and soft carrying
cases and flashlights among other items starting in about 1998. Pelican began
using the Pelican mark as its house mark at least twenty years earlier,
as early as 1978, and has used that mark on a number of models of soft
and hard carrying cases and flashlights since then.
In a strategic
maneuver that backfired, ElectroSource purchased an abandoned trademark
logo that also included the word Pelican and then claimed
that Pelican Products, Inc. was infringing that mark. Federal Court Judge,
Nora Manella, granted Pelicans motion to dismiss that case on the
ground that the purchased mark had long since been abandoned. Pelican
believes that ElectroSources maneuver was aimed solely at achieving
a tactical advantage in another trademark suit involving ElectroSource.
Pelican is confident that the first suit, that was delayed nearly 18 months
while the second suit was decided, can now go forward and Pelican will
finally be able to proceed to trial and obtain an injunction prohibiting
ElectroSource from causing further confusion in the market by its use
of the Pelican mark.
was a frivolous smokescreen that purposely delayed the real issue from
being heard, said Dave Parker, Pelicans President/CEO and
founder. We are hoping for an expeditious trial date on this matter,
and want all of our customers to know that Pelicans products are
not to be confused with those made and advertised by ElectroSource as
Pelican Products, Inc. is a privately held industry leader, specializing
in the manufacture of high quality lighting products and protective cases,
known throughout the world as Pelican Flashlights and Cases. The company, founded
in 1976 employs 450 people in its Torrance facility, and also has sales
and distribution offices in Barcelona, Spain and Edmonton, Alberta, Canada.
Richard Kern, Chief Financial Officer
Pelican Products, Inc.
23215 Early Avenue
Torrance, CA 90505