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Video System Companies Litigate Similarity of Marks Containing "Vue."

SAN DIEGO, April 15, 2009 -- California's Avaak, Inc. filed a federal lawsuit today seeking a declaratory judgment that its intended use of the marks VUE, VUE NETWORK, and VUEGATE do not infringe upon the mark SMARTVUE owned by Delaware's Smartvue Corporation..

Smartvue Corporation incorporated in the state of Delaware on January 7, 1998 and began using the mark SMARTVUE in December 1999 in connection with computer-oriented video surveillance systems for homes and commercial buildings.

Smartvue Corporation asserts ownership of a federal trademark registration issued for the mark SMARTVUE on April 23, 2002 to Martin Renkis in connection with "computer hardware and software used for home and business building security in the field of wireless global computer network based video and audio recording and image analysis."

Avaak, Inc., incorporated on September 3, 2003, filed Intent To Use applications with the United States Patent & Trademark Office (USPTO) for the marks VUE, VUE NETWORK, and VUEGATE in connection with wireless video surveilence on January 21, 2008.

Smartvue Corporation sent a cease and desist letter to Avaak, Inc. on March 13, 2009 in which they demand abandonment of the VUE, VUE NETWORK, and VUEGATE marks by April 15, 2009.