Unauthorized Dealer Forced to Cease Distribution of KICKER Products in Settlement
STILLWATER, OK (08.20.2018) – Stillwater Designs and Audio, Inc. d/b/a KICKER (“KICKER”) reached a settlement with Josha26, Inc. d/b/a as Discounts Jungle (“Discounts Jungle”) who was a defendant in a gray-market litigation that KICKER filed in August of 2017 in the U.S. District Court of Massachusetts. Discounts Jungle was engaging in the unauthorized distribution and sale of KICKER products.
KICKER sought injunctive relief and monetary damages for Discounts Jungle’s improper sale of KICKER products. In its complaint, KICKER asserted claims for trademark infringement, tortious interference with contract and/or business relations, as well as unfair and deceptive trade practices.
As part of the settlement, amongst other things, the dealer was forced to cease all distribution and sale of KICKER Products.
“KICKER is committed to supporting our authorized partners and protecting our loyal customer base,” said Rob Limbaugh, KICKER Vice President, Business Development. “We’re committed to aggressively pursuing unauthorized resellers who use improper means to obtain KICKER products and sell them through unauthorized channels.”
KICKER has invested in its Authorized Distribution Network and requires resellers of its products to apply and be authorized by KICKER. Authorized KICKER Dealers must execute an agreement regulating the manner in which they sell. Resellers who have not applied and have not been approved by KICKER are strictly prohibited from selling KICKER products.
Further, the KICKER manufacturer’s warranty is only valid on KICKER products purchased from Authorized KICKER Dealers. KICKER systematically identifies and shuts down unauthorized resellers.
The program benefits KICKER and its authorized dealers in a number of ways. It ensures the protection of KICKER’s online brand presence and the elimination of free-riding by unauthorized, discount and gray-market retailers who provide little to no product service or expertise.
Visit kicker.com for more.