Turbosound, Inc. v. Eastern Acoustic Works, Inc.

MEMORANDUM AND ORDER ON DEFENDANT’S MOTION TO DISMISS

SKINNER, District Judge.

Plaintiff Turbosound, Inc. (“Turbo-sound”) and defendant Eastern Acoustic Works, Inc. (“EAW”) both manufacture, distribute, and sell audio equipment on a nationwide basis. Turbosound markets the Turbosound TMS4 loudspeaker system (“TMS4”), while EAW markets the EAW JF500 (“JF500”).

Turbosound brought this action against EAW alleging that EAW made false and/or misleading representations of fact about both the TMS4 and JF500 systems, in violation of § 43(a) of the Lanham Act, 15 U.S.C. § 1125(a). 1 Said representations…