Eco-mark Suit Highlights Struggle to be Noticed in Clean Tech Space

December 29th, 2009 by Eric Lane Leave a reply »

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Adura Technologies, Inc. (Adura) is a San Francisco company that provides energy efficient wireless mesh networking technology for building automation and lighting solutions for retrofitting commercial buildings.   

Adura owns U.S. Trademark Registration No. 3,655,507  (’507 Registration) (507_reg.pdf) for the ADURA mark for computer software and hardware for use in controlling, automating, scheduling and monitoring lighting systems for commercial buildings in Class 9 and providing online software for wireless commercial building automation in Class 42.

Last month Adura sued Adura Systems, Inc. (Adura Systems) for trademark infringement accusing the Silicon Valley electric vehicle power train developer of infringing the ’507 Registration by using the ADURA mark as a brand name and trade name.

According to the complaint (adura_complaint.pdf), there is evidence of actual consumer confusion as Adura received multiple queries from third parties about affiliation between Adura and Adura Systems.

Another salient allegation in this case highlights the increasing difficulty clean tech companies face in standing out from the growing crowd of companies, both large and small, that have entered the clean tech space.  

The complaint alleges that Adura was omitted from the Cleantech Group’s Global Cleantech 100 list while Adura Systems was included on the list, at least in part, due to confusion arising from the defendant’s alleged trademark infringement:

Plaintiff Adura Technologies . . . alleges that those individuals tasked with identifying companies to be included on the Global Cleantech 100 were confused as to an affiliation by and between Plaintiff Adura Technologies and Defendant Adura Systems due to Defendant Adura Systems having adopted the ADURA mark . . . . Plaintiff Adura Technologies . . . alleges that those individuals tasked with identifying companies to be included on the Global Cleantech 100 were confused that Plaintiff Adura Technologies and Defendant Adura Systems were the same company due to the fact that Defendant Adura Systems has adopted the ADURA mark…

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