throbber
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`
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`
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`
`
`
`TTA El
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`TRADEMARK TRIAL AND APPEAL BOARD
`
`Applicant:
`
`Panasonic Corporation of North America, formerly known as Matsushita
`Electric Corporation of America1
`
`“Express Mail” malllng label No.:
`EL 99556790, Us
`Date of Deposit:3{3{oLI hereby certify that this
`paper or fee is belng deposited with the United
`States Postal Service “Express Mail” servlce
`under 37 CFR 1.10 on the date indicated above
`and is addressed to the Commissioner for
`
`Trademarks, P.O. Box 1451, Alexandria, VA
`22313-1451.
`
`Name: John El|iso% g gaahgw
`Signature:
`
`.
`'
`Serial No..
`
`78,445,277
`
`July 2, 2004
`
`Mark:
`
`& Design
`
`Examining
`Attorney :
`
`Joann M. Dukovcic
`
`Law Office:
`
`101
`
`Attn: TTAB
`
`Commissioner for Trademarks
`P.O. Box 1451
`
`Alexandria, VA 22313-1451
`
`REPLY BRIEF FOR APPELLANT
`
`Panasonic Corporation of North America (“Applicant”) submits this Reply
`
`Brief, pursuant to 37 C.F.R. § 2.142, relative to the June 10, 2005 Office. Action finally
`
`refusing registration of App1icant’s mark HI PHI & Design (“Applicant’s Mark”) for use in
`
`connection with car audio speakers under Section 2(d) of the Trademark Act.
`
`The Examining Attorney refused registration of Applicant’s Mark under
`
`Section 2(d) of the Trademark Act on the grounds that it is likely to be confused with
`
`
`
`1 Applicant changed its name from Matsushita Electric Corporation of America to Panasonic Corporation of
`North America effective January 1, 2005. The Name Change was recorded on Exhibit A on January 26,
`2005 at Reel/Frame 3016/0418.
`’
`
`Illllll|||||lllll||||||||||lllllllllllllllllllllll
`
`‘
`
`329472i
`
`03-02-2006
`US. Patent & TMOfc/TM Mail Rcp1;Dt. #30
`
`

`
`Registration No. 2,483,911 for the mark HIFI.COM covering retail store and mail order
`
`services featuring audio electronic components (the “Cited Mark”).
`
`Applicant maintains that confusion is not likely due to differences in the
`
`sight, sound and meaning of the respective marks, and differences between the goods
`
`and services covered by the marks, taking into consideration consumer sophistication.
`
`This Brief
`
`is submitted in triplicate. Applicant hereby waives oral
`
`argument?
`
`ARGUMENT
`
`1.
`
`The Marks Are Sufficiently Distinct To Avoid Confusion
`
`A.
`
`The Commercial Impression of the Marks Are Different
`
`In the Brief in Opposition, the Examiner argues that Applicant’s Mark, with
`
`its dominant design element and highly stylized lettering, does not create a sufficiently
`
`different commercial impression from the Cited Mark to avoid a likelihood of confusion.
`
`Applicant respectfully disagrees. Since Applicant’s Mark prominently features the Greek
`
`symbol, PHI, Applicant’s Mark, unlike the Cited Mark, focuses on the tradition and
`
`grandeur of ancient Greece.
`
`Although the Examining Attorney argues that there is no evidence that
`
`consumers would associate products sold under Applicant’s Mark with ancient Greece,
`
`this commercial impression is fostered not only by use of the PHI letter, but also, by
`
`
`
`'2 Although an Order from the Board dated January 9, 2006 indicated that Applicant had sixty days from
`the date of the Order to file its Appeal Brief, it is respectfully submitted that this Order was issued in error
`since Applicant submitted its Appeal Brief on December 23, 2005. Although, as indicated in the Order, the
`Examining Attorney issued an Office Action denying reconsideration on January 7, 2006, Applicant had
`not,
`in fact, requested reconsideration. The Examiner confirmed in a telephone call with Applicant’s
`counsel on or about January 12, 2006 that the Office Action had been issued in error and advised counsel
`that no further action was necessary on Applicant’s part until receipt of the Examining Attorney’s Appeal
`Brief. The Examiner filed her Brief on February 13, 2006.
`-2-
`
`3294721
`
`

`
`related advertising which indicates that products sold under Applicant’s Mark “ha[ve]
`
`roots
`
`in ancient Greece,” and that “Phi” is
`
`the “mathematical key to balanced
`
`composition in art and music.”
`
`This advertising copy appears,
`
`for example, on
`
`Applicant’s website, located at www.panasonic.com, as well as on various third party
`
`websites.
`
`Copies of these materials (with the relevant
`
`language highlighted) are
`
`included in Exhibit A. The PHI element in Applicant’s Mark is also emphasized since the
`
`speaker grills sold under Applicant’s Mark are designed in the form of the PHI symbol
`
`(see December 22, 2003 article from Twice magazine, annexed hereto as Exhibit B, with
`
`the relevant language highlighted).
`
`Indeed,
`
`the Examining Attorney has implicitly recognized the different
`
`impressions created by Applicant’s Mark, on the one hand, and the Cited Mark on the
`
`other, since, while the Cited Mark is registered on the Supplemental Register, and
`
`therefore, is deemed merely descriptive, the Examiner has not required Applicant to seek
`
`registration of its Mark on the Supplemental Register nor has the Examiner required
`
`disclaimer of any portion of Applicant’s Mark.
`
`B.
`
`The Marks Are Visually Different
`
`The Examining Attorney attempts to minimize the visual differences between the
`
`Marks by indicating that “when a mark consists of word portion and a design portion,
`
`the word portion is more likely to be impressed upon a purchaser’s memory and to be
`
`used in calling for the goods services.” Examiner’s Brief at 9. However, such logic is
`
`contrary to the decision in In re Electrolyte Laboratories Inc., 16 U.S.P.Q.2d 1239 (Fed.
`
`Cir. 1990), in which the Federal Circuit reversed the Board’s finding that confusion was
`
`likely, and held that the Board focused too much on the similar word element of the
`
`3294721
`
`'3'
`
`

`
`parties’ marks and ignored the fact that applicant’s mark contained a design portion. See
`
`also Harlem Wizards Entertainment Basketball, Inc. v. NBA Properties, Inc., 952 F. Supp.
`
`1084, 1096 (D.N.J. 1997)
`
`(use of “unique 1ogo” makes it “highly unlikely that
`
`merchandise offered by the parties will result in ...confusion”). The design element is
`
`particularly important in the instant case because it separates the two word elements of
`
`the mark, “HI” and “PHI.”
`
`In addition to Applicant’s prominent design element, as previously indicated, the
`
`highly stylized lettering of Applicant’s Mark is vastly different from the plain type used in
`
`the Cited Mark. Indeed, Applicant’s lettering is so highly stylized that it borders on being
`
`a design rather than recognized letters. As is apparent from a comparison of the Marks
`
`(see copy of the registration for the Cited Mark and Applicant’s Mark annexed hereto as
`
`Exhibit C), the Marks look completely different.
`
`Moreover, upon information and belief, the Cited Mark is no longer in use, as the
`
`domain name which corresponds to the Cited Mark, hifi.com, links to the website located
`
`at www.cambridgesoundworks.com, and the Cited Mark does not seem to appear on this
`
`website. The homepage of this website is annexed hereto as Exhibit D.
`
`C.
`
`The Marks Are Aurally Distinguishable
`
`The Examiner also indicates that confusion may be found based on the
`
`alleged aural similarity of the Marks. However, as a preliminary matter, Applicant
`
`disputes that the mark are phonetically similar due to the letter PHI in Applicant’s Mark
`
`(which could be pronounced HI PHI PHI) and the “dot com” element of the Cited Mark.
`
`In any event, even if the Marks were phonetically identical (which the Examiner admits
`
`they are not), that alone would be insufficient to find confusion likely. See LeBow Bros.,
`-4-
`
`3294721
`
`

`
`Inc. v. Lebole Euroconf S.P.A., 503 F. Supp. 209 (E.D. Pa. 1980)
`
`(no likelihood of
`
`confusion despite phonetic similarity of marks); See Taj Mahal Enterprises, Ltd. v. Trump,
`
`745 F. Supp. 240, 248 (D. N.J. 1990) (no likelihood of confusion between TAJ MAHAL
`
`for a restaurant and TAJ MAHAL for a casino and hotel, despite the fact that the marks
`
`were phonetically identical).
`
`2.
`
`Confusion Is Unlikely Since Consumers Are Sophisticated
`
`Contrary to the Examining Attorney’s contention, the fact that consumers
`
`of the relevant products and services are sophisticated decreases the likelihood of
`
`confusion. See 8 Indus., Inc. v. JL Audio, Inc., 29 F. Supp. 2d 878 (N.D. Ill. 1998) (no
`
`likelihood of confusion in part because purchasers of defendant’s car audio equipment
`
`were deemed sophisticated); M & G Electronics Sales Corp. v. Sony Kabushiki Kaisha, 250
`
`F. Supp.2d 91,
`
`104
`
`(E.D.N.Y. 2003)
`
`(purchasers of electronic products
`
`are
`
`sophisticated).
`
`Although the Examiner is correct that T.M.E.P. Sec. 1207.01(d) (vii) states
`
`that the fact that purchasers are sophisticated or knowledgeable in a particular field does
`
`not necessarily mean that they are immune from source confusion, the T.M.E.P. also
`
`indicates that “circumstances suggesting care in purchasing may tend to minimize
`
`likelihood of confusion” (Id., emphasis added), and as indicated above, at least two
`
`courts have found consumers of electronic products (and in one case, car audio
`
`equipment
`
`in particular)
`
`to be sophisticated.
`
`In re Decombe, 9 U.S.P.Q.2d 1812
`
`(T.T.A.B. 1988), cited by the Examiner is also not controlling, since in that case, the
`
`items in question were fruit on the one hand, and biscuits and cookies on the other, all of
`
`329472.:
`
`'5'
`
`

`
`which are low priced consumables and would likely be considered “impulse items” in
`
`making a purchasing decision.
`
`3.
`
`There Is No Likelihood of Confusion Between The Goods Covered By
`Applicant’s Mark and The Services Provided Under the Cited Mark
`
`Although the Examining Attorney alleges that confusion is likely since
`
`Applicant’s car audio equipment would likely be sold the retail store and mail order
`
`services offered under the Cited Mark, as indicated in Applicant’s initial Brief, several
`
`cases have found confusion unlikely between use of a mark in connection with a product
`
`and use of a mark in connection with services involving that product. See Zazu Designs v.
`
`L’Oreal SA, 24 U.S.P.Q.2d 1828 (7th Cir. 1988) (no likelihood of confusion between
`
`hair salon services and hair care products); In re Hair Masters Services Inc., 17 U.S.P.Q.2d
`
`1335 (Fed. Cir. 1990) (no likelihood of confusion between hair cutting, styling and nail
`
`care services on the one hand, and hair tonic on the other).
`
`CONCLUSION
`
`For the foregoing reasons, Applicant requests that the Board overrule the
`
`refusal to register Applicant’s Mark based on a likelihood of confusion with the Cited
`
`Mark.
`
`329472.]
`
`

`
`Respectfully submitted,
`
`AMSTER, ROTHSTEIN and EBENSTEIN LLP
`Attorneys for Applicant
`90 Park Avenue
`
`New York, New York 10016
`(212) 336-8000 (telephone)
`(212) 336-8001 (fax)
`
`By:
`
`”
`r
`Morton Ams
`Holly Pekowsky
`
`6
`
`Dated: New York, New York
`March _a>, 2006
`
`32947211
`
`

`
`
`
`

`
`Panasonic Model Details
`
`page 1 Ofg
`
`
`
`Consumer l--lame
`Teéevéssiuix
`EL‘-Vii) & ‘\J‘<;:—i'~2:5.
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`Car Audio Speakers > Full Range Speakers > CJ-DA16OO
`
`print this page
`
`CJ-DA1600'
`
`6 1/2" Door-Mount 2-Way Speakers
`See Dealer for Price
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`
`
`HI-Phl Speaker GI‘I" Design
`The latest look in speaker design has roots in ancient Greece. It's
`called the Hi-Phi Series, from Phi, the mathematical key to
`balanced composition in art and music. Notice the smooth satin
`finish with a silver-colored speaker ring. The transparent black
`inner grill snaps over the speaker to hide the mounting screws.
`Functional as well as fashionable, the center cutout ring encases
`the EQ pole or tweeter. But as Socrates might say, the real proof
`is in the listening.
`
`Polypropylene Injection Cone
`Polypropylene provides a sophisticated appearance that is
`matched by its refined performance. This diaphragm greatly
`contributes to clear music reproduction, yet is rugged enough to
`resist the harsh elements associated with cars.
`
`Holographic Surface Design
`Holographic-like patterns of variegated colors appear on the
`shimmering blue cone's surface, depending on your angle of
`view. This high-elasticity polycrystalline PP (polypropylene)
`diaphragm delivers the clear sounding benefits of pulp with the
`low-distortion of long-lasting polymer.
`
`Foamed Rubber Edge
`A speaker's edge is essential to seal out air and to keep the voice
`coil aligned for linear diaphragm movement. The material used
`for the edge must have low mass and high compliance for
`transient response, be strong enough to withstand long-term use,
`and have a wide operating temperature range in order to be used
`
`2/14/2006
`http://www2.panasonic.com/webapp/wcs/stores/servlet/vMode1Detail?storeId=15 001&cat...
`
`
`

`
`Panasonic Model Details
`
`Page 2 of 2
`
`in a car. That's why we used foamed rubber for this speaker's
`edge, which not only accomplishes all of these things, but also
`contributes to solid low-range reproduction and realism, while
`enhancing reliability as well.
`
`Discrete Edge Design
`Our discrete edge design allows us to achieve the performance of
`a larger speaker without increasing the installation space
`requirements. This is achieved by positioning the surround's
`rolled edge inside and below the outer periphery of the cone. This
`extended cone design widens the effective diaphragm area by 18
`percent, resulting in enhanced low-range efficiency. The extended
`cone also helps block spurious edge radiation which could cause
`distortion.
`
`High Linearity Suspension Maintains Tight Control
`To bring out the wide dynamic range of digital sources, a damper
`needs to be strong and resilient. Polyamide fiber has precisely
`these characteristics, helping to assure lively, yet accurate
`musical reproduction. This high-performance suspension
`maintains tight control throughout rapid sequences of strong
`transients, and faithfully tracks the rising edge of difficu|t—to—
`handle waveforms.
`
`
`anasonic.com Store Policies | Pricing & Specifications Policy | Privacy Policy
`Copyright © 2005 Panasonic Corporation of North America. All rights reserved.
`
`"VERIFY?
`
`3 33 P
`
`http://www2.panasonic.com/webapp/wcs/stores/servlet/VMode1Detail?store1d=15 001&cat...
`
`2/14/2006
`
`

`
`Panasonic CJ-DA1000 4" Dash/Door-Mount 2-Way Speakers CJDA1000
`
`Page 1 ofgz
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`Panasonic CJ~lDA’l 000 4" DashIDoor—Wiount 2-Way Speakers
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`o Buy with confidence! See our no hassle 30 day Satisfaction Guarantee.
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`o This item is usually available, but normally drop ships from a distributor. Please
`call us toll free at 1-866-237-2559 for us to check current stock at our distributor.
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`Audio Allies Price: $38.95
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`
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`
`Panasonic CJ-DA1000 4" Dash/Door-Mount 2-Way Speakers CJDA1000
`
`Page 2 of 22
`
`Hi-Phi Speaker Grill Design
`The latest look in speaker design has roots in ancient Greece. It's called the Hi-Phi
`Series, from Phi, the mathematical key to balanced composition in art and music.
`Notice the smooth satin finish with a silver-colored speaker ring. The transparent
`black inner grill snaps over the speaker to hide the mounting screws. Functional ass
`well as fashionable, the center cutout ring encases the EQ pole or tweeter. But as
`Socrates might say, the real proof is in the listening.
`Polypropylene Injection Cone
`Polypropylene provides a sophisticated appearance that is matched by its refined
`performance. This diaphragm greatly contributes to clear music reproduction, yet is
`rugged enough to resist the harsh elements associated with cars.
`Holographic Surface Design
`Holographic-like patterns of variegated colors appear on the shimmering blue
`cone's surface, depending on your angle of view. This high-elasticity polycrystalline
`PP (polypropylene) diaphragm delivers the clear sounding benefits of pulp with the
`low-distortion of long-lasting polymer.
`Foamed Rubber Edge
`A speaker's edge is essential to seal out air and to keep the voice coil aligned for
`linear diaphragm movement. The material used for the edge must have low mass
`and high compliance for transient response, be strong enough to withstand long-
`term use, and have a wide operating temperature range in order to be used in a
`car. That's why we used foamed rubber for this speaker's edge, which not only
`accomplishes all of these things, but also contributes to solid low-range
`reproduction and realism, while enhancing reliability as well.
`Discrete Edge Design
`Our discrete edge design allows us to achieve the performance of a larger speaker
`without increasing the installation space requirements. This is achieved by
`positioning the surround's rolled edge inside and below the outer periphery of the
`cone. This extended cone design widens the effective diaphragm area by 18
`percent, resulting in enhanced low-range efficiency. The extended cone also helps
`block spurious edge radiation which could cause distortion.
`High Linearity Suspension Maintains Tight Control
`To bring out the wide dynamic range of digital sources, a damper needs to be
`strong and resilient. Polyamide fiber has precisely these characteristics, helping to
`assure lively, yet accurate musical reproduction. This high-performance suspensioi
`maintains tight control throughout rapid sequences of strong transients, and
`faithfully tracks the rising edge of difficult-to—handle waveforms.
`
`Basic Features
`
`o Cone Material- Polypropylene injection cone of holographic surface design
`
`o Elastomer Coated Cloth Edge
`
`o High Linearity Suspension
`o Size- 4"
`
`o Tweeter Design- 3/4" titanium dome tweeters
`
`o Type- 2-way
`
`o Typical Mounting Location- Front door
`
`o Freguency Response: 45Hz - 50kHz
`
`o impedance: 4 ohms
`
`o Magnet Structure: Magnet Weight- 5.4 oz
`
`o Mounting Depth: 1.705"
`
`c Peak Power (Maximum): 80W
`
`o Sensitivity: (S.P.L.)- 89dBNV/m
`
`o Weight: 3.69 lbs
`
`TO” Free 1_866_237_2559
`Local
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`http://www.audioallies.com/Getltem.asp?Item=CJ-DA1000
`
`2/14/2006
`
`

`
`Panasonic 6 1/2” Door 2-Way Speakers - PA&S.com
`
`Page 1 of 3
`
`studio 3
`amliu 1
`aurliov 2 audio 4
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`On
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`Suhwoofiers
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`Delivering Quality Products Since 1999
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`Order Panasonic 6 1I2” Door 2-Way Speakers online, or call 1-920-993-1877
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`Order Online or Call 1.920.993.1877
`ID: PAN-CJ-DA1700
`
`Price:
`$60.89
`
`$60.89
`
`I
`
`Send this link to a frie
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`Pricing:
`ID: PAN-CJ-DA1700
`Price:
`
`Panasonic 6 1l2” Door 2-Way Speakers
`
`Panasonic Oversize 6 1/2" Door-Mount 2-Way Speakers
`(ID#:PAN-CJ-DA1700)
`Regular Price: $69.99
`PA&S Price: $60.89
`
`Specifications:
`Type: 2-way
`Size: Oversize 6 1/2"
`
`Peak Input Power: 150W
`Frequency Range: 28Hz - 50kHz
`Sensitivity (S.P.L.): 91dB/W/m
`Nominal Impedance: 4 ohms
`Mounting Depth: 1.890"
`Magnet Weight: 8.0 02
`Typical Mounting Location: Door & rear deck
`
`http://www.performanceautoandsound.com/Qstore/p000245 .htm
`
`2/14/2006
`
`

`
`Panasonic 6 1/2” Door 2-Way Speakers - PA&S.com
`
`page 2 off;
`
`Tweeter Design: 3/4" titanium dome tweeters
`Midrange Speaker Design: No
`10° Angled Midrange/Tweeter Design: No
`Phi Speaker Grille Design: Yes
`Discrete Edge Design: Yes
`Holographic Surface Design: Yes
`12dB/oct Passive Dividing Network: No
`Foamed Rubber Edge: Yes, of disrete design
`Ultra—Heat Resistant Voice Coil Bobbin: No
`
`High Linearity Suspension: Yes
`Aluminum Diecast Frame: No
`
`Cone Material: Polypropylene injection cone of holographic surface design
`Gold-Plated Screw-Type Terminals: No
`European Standard Frame Dimensions: No
`Complete Kit for Flush Mounting: No
`Ferrofluid Voice Coil Cooling: No
`Inverse-Mounted Cone: No
`
`Weight: 5.1 lbs
`
`View All Panasonic Speakers
`
`Audio Features:
`
`- Hi-Phi Speaker Grill Design
`The latest look in speaker design has roots in ancient Greece. It's called the Hi-
`Series, from Phi, the mathematical key to balanced composition in art and mus
`Notice the smooth satin finish with a silver-colored speaker ring. The transpart
`inner grill snaps over the speaker to hide the mounting screws. Functional as v
`fashionable, the center cutout ring encases the EQ pole or tweeter. But as Socr
`might say, the real proof is in the listening.
`- Polypropylene Injection Cone
`Polypropylene provides a sophisticated appearance that is matched by its refin-
`performance. This diaphragm greatly contributes to clear music reproduction, j
`rugged enough to resist the harsh elements associated with cars.
`- Holographic Surface Design
`Holographic-like patterns of variegated colors appear on the shimmering blue -
`surface, depending on your angle of view. This high-elasticity polycrystalline 1
`(polypropylene) diaphragm delivers the clear sounding benefits of pulp with tl
`distortion of long-lasting polymer.
`- Foamed Rubber Edge
`A speaker's edge is essential to seal out air and to keep the voice coil aligned fl
`diaphragm movement. The material used for the edge must have low mass and
`compliance for transient response, be strong enough to withstand long-term us
`have a wide operating temperature range in order to be used in a car. That's wl
`used foamed rubber for this speaker's edge, which not only accomplishes all 01
`things, but also contributes to solid low-range reproduction and realism, while
`enhancing reliability as well.
`- Discrete Edge Design
`Our discrete edge design allows us to achieve the performance of a larger spea
`without increasing the installation space requirements. This is achieved by pos
`the surround's rolled edge inside and below the outer periphery of the cone. Th
`extended cone design widens the effective diaphragm area by 18 percent, resul
`
`2/14/2006
`http2//www.perforrnanceautoandsound.corn/Qstore/p000245 .htm
`
`
`

`
`Panasonic 6 1/2” Door 2-Way Speakers - PA&S.com
`
`Page 3 of 3
`
`enhanced low-range efficiency. The extended cone also helps block spurious e:
`radiation which could cause distortion.
`
`- High Linearity Suspension Maintains Tight Control
`To bring out the wide dynamic range of digital sources, a damper needs to be 2
`and resilient. Polyamide fiber has precisely these characteristics, helping to as:
`lively, yet accurate musical reproduction. This high-performance suspension 11
`tight control throughout rapid sequences of strong transients, and faithfully tra«
`rising edge of difficult-to-handle waveforms.
`
`ORDER QUANTITY
`
`
`
`LEE} Produc$:s.,.
`
`Marine Speakers...
`
`
`
`PA&S.com Home - About Us - Contact Us - View Cart - Check Out
`Industry Links - Other Useful Links
`PA&S.com, Copyright 1999-2006, All Rights Reserved.
`
`http://www.performanceautoandsound.corn/Qstore/pOO0245 .htm
`
`2/14/2006
`
`

`
`
`
`

`
`Search — 1 Result — (hiphi or "hi phi" or hi-phi) and panasonic
`
`Page 1 of 3
`
`Source: News & Business > Combined Sources > § Mega News, All (English, Full Text)
`Terms: (hiphi or "hi phi" or hi-phi) and panasonic (Edit Search | Suggest Terms for My Search)
`
`Year-To-Date Subwoofer Sa/es Down; But Up In Oct. TWICE December 22, 2003
`
`Copyright 2003 Reed Business Information US, a division of Reed Elsevier Inc.
`All Rights Reserved
`
`
`A TWIE
`
`December 22, 2003
`
`SECTION: Mobile Electronics; Pg. 72
`
`LENGTH: 1076 words
`
`HEADLINE: Year-To-Date Subwoofer Sales Down; But Up In Oct.
`
`BYLINE: By Amy Gilroy
`
`BODY:
`
`With speaker sales down, even in the mainstay category of subwoofers, suppliers are looking
`for ways to boost sales.
`
`According to the Consumer Electronics Association (CEA), speaker dollar sales for the year
`through October were down in key categories, including subwoofers, by 3.7 percent; flush
`mount speakers, down 9.6 percent; and component speakers, down 4.3 percent.
`
`On the up side, sales of dual-voice coil subwoofers, over-12 inch woofers and 6-inch models
`are on the rise. And declines may be lessening, as seen in October, when sales were up in
`both subwoofers and flush mount speakers, following slight increases in September,
`according to CEA.
`
`Some suppliers say the mid-end of the market has been hardest hit, agreeing with JL Audio
`VP marketing Manville Smith. "People are buying more low-end and high-end product so the
`mid-end is getting sucked out of the market. But when they buy high-end, they buy less.
`Maybe they buy one premium 12-inch instead of two mid-quality 12-inch [woofers]," he
`noted.
`
`Directed Electronics, which just re-launched the Orion, PPI and now a/d/s/ brands noted, "It's
`been the kind of year where everyone's trying to look for the magic pill for what ails them,"
`according to audio product category manager, John Durbin.
`
`Still others predict an industry shakeout. Boston Acoustics national sales manager Dominic
`Aquilini said, "Some of the retailers are getting smart and consolidating lines. I would predict
`a lot of consolidating over the next three to five years."
`
`For 2004, many suppliers are hitting hardest where the money seems to be--in dual voice
`coil subwoofers, flashy "tuner" cosmetics and easy-to-install drivers.
`
`Alpine is adding two new woofers to its "tuner"-aimed Type-S line with open—spoke grills and
`swivel tweeters. The 6.5-inch SPS-171A and 5-by-7 inch SPS-571A both have a target retail
`price of $199.
`
`https://www.lexis.com/research/retrieVe?_rn=8daeOefb908c450d7a791db3d77181bb&csvc... 2/14/2006
`
`
`

`
`Search - 1 Result - (hiphi or "hi phi" or hi-phi) and panasonic
`
`Page 2 of 3
`
`In its high-end Type X line of component speakers, Alpine is adding three new 2-way
`component systems and a new 6.5-inch midbass kit. All use a ring diaphragm rather than a
`typical dome configuration for better sound pressure levels and better clarity, said Alpine.
`New models include a 6.5-inch woofer at $399, a 5.25-inch woofer at $389 and a 4-inch
`model at $379. The new midbass kit lets users create a custom three-way system at $299.
`
`Blaupunkt is pushing its OverDrive line of thin speakers as a way to simplify installation,
`particularly in new Hondas, and other cars with shallow mount speaker openings. "There's a
`very strong trend in 'driveaways.' A consumer comes in and says I want a better audio
`system, but physically, nothing fits his car," said Tom Breithaupt, engineer and product
`manager for amplifiers and speakers. He claims OverDrive models drop in without
`modification. The company is shipping new OverDrive "saucer" woofers in 10 and 12 inches
`in January at street prices of $279.95 and $299.95.
`
`Pioneer is also stressing thin mount speakers aimed at trucks and SUVs. It will show at CES
`next month a TS-SW124D 12-inch subwoofer with a symmetrical dual surround, inverted
`voice coil and spider—less design that is 4 inches deep. Pioneer says the speakers deliver the
`same bass response as conventional 12-inch subwoofers. Shipping is expected in May.
`
`JVC is revamping its HX step-up speaker series, adding a stronger pure aluminum
`diaphragm, neo dymium magnets and a square-in voice coil. The line includes JVC's first 6-
`by-8-inch models and ranges from $59 per pair for a three-way 51/4-inch speaker to $129
`for a five-way 6-by-9-inch speaker.
`
`Kenwood is showing two new budget priced subwoofers that feature a new ‘Typhoon-type’
`cone. The cone has large, overlapping radial ribs to improve strength, said the company. It
`also has a new ‘high-roll‘ surround, stacked magnet assembly and double spider. The 12-inch
`model KFC-W3009 and the 10-inch KFC-W2509 will have suggested retail prices of $100 and‘
`$90, respectively.
`
`MB Quart is introducing next month an entry level subwoofer line called the Discus series.
`The line shares some of the same technology as the company's higher-end Premium and
`Reference subwoofers including light weight cast basket, inverted surround, parabolic dust
`cap and wiring terminal. Discus woofers range from 10 inches to 15 inches at prices from
`$159 to $199.
`
`Morelis debuting a revamped line with a new Accuset crossover and alignment system and
`new aluminum die cast chasses. The high-end Elate subwoofers in 5-, 6-, 9- and 10 inches
`have new magnet systems, woofer suspensions and adjustable crossovers. New component
`speakers are in the Elate SW, Hybrid Ovation and Dotech MkII lines. The company has also
`replaced its Millennium series with new Pulse 2-way component systems and its Integral
`coaxial speakers with Integra Ovation point source models.
`
`Panaso_ni_c is making a strong push in speakers with its first "tuner" inspired line called the
`Hi-Phi series. The grills are designed in the form of a Phi symbol and the drivers have 18
`percent more cone space than typical speakers, said the company. This is due to a surround
`on the back, rather than the front of the speaker to enlarge the cone surface and increase
`power. The line includes 4-inch to 6-by-9-inch models.
`
`Polk is adding 4-ohm dual voice coil subwoofers to its high end DVC series of Polk/MOMO
`subwoofers. The models include polypropylene concave "dish" cones in sizes from 8 to 15
`inches at prices from $109.95 to $219.95.
`
`Also new are Polk/MOMOcomponents with woven carbon fiber cones, 25mm liquid-cooled
`silk/polymer composite dome tweeters and cast aluminum baskets. All the speakers come
`with three—year parts and labor warranties.
`
`https2//www.lexis.corn/research/retrieVe?_m=8dae0efb9O8c450d7a791db3d77181bb&csvc... 2/14/2006
`
`

`
`Search - 1 Result - (hiphi or "hi phi" or hi-phi) and panasonic
`
`Page 3 of 3?
`
`Precision Poweris showing a new Power Class series with a revamped industrial design.
`Component speakers have 19mm vapor deposit titanium dome tweeters and new coaxials
`have buiit—in tweeter protection. Prices range from $259 to $329 per pair for components and
`$199 to $269 for coaxials.
`
`Rockford Fosgateredesigned its entire Power series subwoofers and boosted power handling.
`The new models claim big excursion and anodized aluminum cones. The speaker surrounds
`have a new taller, narrower shape. The top speakers handle up to 2000 watts, said the
`company. The Punch line has also been overhauled with new dramatic cosmetics and Lexan
`injection molding. The line offers both single and dual-voice coils.
`
`LOAD-DATE: December 29, 2003
`
`Source: News & Business > Combined Sources > g Mega News, All (English, Full Text)
`Terms: (hiphi or "hi phi" or hi-phi) and panasonic (Edit Search | Suggest Terms for My_Search)
`View: Full
`Date/Time: Tuesday. February 14, 2006 - 1:40 PM EST
`
` _
`
`3 Terms & Conditions
`About LexisNexis
`_
`L{§)(i$N(=))(|§;”:> Qgmgmg 2006 LexisNexis, a division of Reed Elsevier Inc. All rights
`reserved.
`
`https://www.1exis.com/research/retrieve?;m=8dae0efb908c450d7a791db3d77181bb&csvc... 2/14/2006
`
`

`
`
`
`

`
`Int. CL: 35
`
`Prior U.S. C1s.: 100, 101, and 102
`United States Patent and Tradexfnark Office
`
`Reg. No. 2,483,911
`Registered Aug. 28, 2001
`
`SERVICE MARK
`SUPPLEMENTAL REGISTER
`
`HIFLCOM
`
`CREATIVE TECHNOLOGY, LTD (SINGAPORE
`CORPORATION)
`31 INTERNATIONAL BUSINESS PARK
`CREATIVE RESOURCE
`SINGAPORE, SINGAPORE BY ASSIGNMENT CAM-
`BRIDGE SOUNDWORKS,
`INC.
`(MASSACHU-
`SETTS CORPORATION) NEWTON, MA 02164
`
`FOR: RETAIL STORE AND MAIL ORDER SER-
`VICES FEATURING AUDIO ELECTRONIC COM-
`PONENTS, IN CLASS 35 (U.S. CLS. 100, 101 AND 102).
`
`FIRST USE 11-1-1997; IN COMMERCE 11-1-1997.
`
`OWNER OF US. REG. NOS. 1,565,605, 2,210,252,
`AND OTHERS.
`
`SER. NO. 75-644,039, FILED P.R. 2-19-1999; AM. S.R.
`3-S-200

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