Modavox, an Internet broadcasting provider for production and syndication of online audio and video, has filed an action against AOL, Time Warner, and Platform-A, Inc. in the US District Court for the Central District of California, asserting they are infringing on Patent No. 6,594,691, "Method and System for Adding Function to a Web Page," and Patent No. 7,269,636, a continuation of the original patent that further defines the invention assigned to Modavox. The complaint amended a claim against AOL for trademark infringement, Unfair Competition and False Designation of Origin in connection with AOL’s use of The Boombox designation, which is alleged to be confusingly similar to Modavox’s registered trademark Boombox Radio. The relief sought in the suit by Modavox includes injunctive relief and monetary damages resulting from AOL’s alleged patent infringement and use of the Modavox brand name at the website theboombox.com. AOL launched and publicly announced the website on 5/20/08 as an urban (hip hop and R&B) music, news and information site.
Said David Ide, Modavox CEO: "This action was originally brought in response to an unwelcome perceived infringement of our BoomBox trademark, specifically the unauthorized commercial, for-profit use, copying, display and distribution of our trademark brand name BoomBox. This mark is central to our product and service offerings and we went through great lengths and effort to obtain, preserve and market this brand only to have to protect it from what we believe to be a clear infringement of this brand and its hard fought equity, by AOL. This coupled with our belief that our patented technologies are being infringed across Platform A has left us with no choice but to take this action along with our team in California Federal District Court."