The trial resulting from the lawsuit filed by Andover-based Fishman Transducers, Inc. on January 17, 2007 against Stephen Paul d/b/a "Esteban," Daystar Productions, and HSN Interactive, LLC, started today in the United States District Court for the District of Massachusetts.
The lawsuit is for unfair competition, trademark infringement, and false advertising in violation of the Federal Lanham Act.
Fishman alleges in its complaint that Esteban, Daystar, and HSN advertised, promoted, and sold Esteban guitars while falsely misrepresenting to the public that the Esteban guitars were equipped with Fishman electronic components.
According to the lawsuit, these false and misleading statements have been made in television infomercials as well as on numerous websites.
In fact, Fishman has sold no electronic components to Esteban or any other party for use in Esteban guitars, and it has not authorized either Esteban or Daystar to use the name and trademark "Fishman" in promoting and selling Esteban guitars.
Larry Fishman, president of Fishman Transducers, stated, "We have worked hard for many years to establish a position as a leading manufacturer of the highest-quality products. We are obviously very concerned by the blatant misconduct of the defendants identified in our complaint, and we intend to protect our good name and trademarks vigorously."
Chris Martin, CEO of CF Martin Guitars, will be testifying for Fishman as the trial progresses.