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Taser International, Inc. Files Infringement Suit Against Virtual Counterfeiters.

PHOENIX, April 17, 2009 -- Taser International, Inc. filed a federal lawsuit today citing trademark infringement against multiple parties offering virtual non-lethal weaponry bearing the mark TASER.

Taser International, Inc. by and through its predecessor entities has developed and sold non-lethal weaponry since 1974. The company's trademarks TASER and ADVANCED TASER are most commonly associated with electroshock devises that delivers a painful electrical current to disrupt voluntary control of muscles and stun the target.

The named defendants are accused of offering for sale "virtual non-lethal weapony" resembling Taser International's devices and bearing the mark TASER intended for use in computer simulators operated at www.secondlife.com and www.xstreetsl.com.

The complaint states: Defendants' actions to pass off TASER weaponry as their own, were false, fraudulent, or to induce fraud within consumers, which caused harm to Plaintiff by associating such weaponry with adult-oriented, nearly or actually pornographic images and references to illegal 'crack den[s]' on the same sites."

The named defendants include: Linden Research, Inc., Linden Lab, Philip Rosedale, Mark Kingdon, Frank Ambrose, Sandy Gould, Tom Hale, Howard Look, Brian Michon, Joe Miller, Marty Roberts, Cyn Skyberg, Judy Wade, Ginsu Yoon, John Zdanowski, Virtuatrade, LLC, XStreet SL and Jay Geeseman. Some or aall of the defendants are accused of operating the Second Life and XStreet SL web sites in addition to offering the virtual weaponry for sale.

Taser International, Inc. has obtained a number of federal trademark registrations for the marks TASER and ADVANCED TASER.

The pleading filed with U.S. District Court for Arizona contains claims for infringement of a federally registered trademark, common law trademark infringement, trademark dilution, unfair competition, trade dress infringement, patent infringement, and Racketeer Influenced and Corrupt Organizations Act (RICO) violations.

Pursuant to the Lanham Act, Taser International could recover defendants' profits and any damages sustained by the plaintiff. In assessing damages the court may enter judgment for any sum above the amount found as actual damages, up to three times. When a court finds a defendant intentionally counterfeited a registered trademark, the court must, unless the court finds extenuating circumstances, enter judgment for three times such profits or damages, whichever is greater, together with a reasonable attorney’s fee unless the Plaintiff elects for statutory damages up to $1,000,000 per counterfeit mark per type of goods or services sold, offered for sale, or distributed.