GamingModz seeks end to legal harassment in baseless claims over ‘gaming’ trademark

MIAMI -- It’s time for the legal antics to end.

GamerModz has wasted money and time with a baseless lawsuit against GamingModz that is dragging on and on, says GamingModz founder and CEO Alex Golubev.

“I believe in competition, but legal harassment and court delays are not fair play,” says GamingModz founder and CEO Alex Golubev. “We hope that the court will agree with us that consumers -- not legal paperwork -- should determine which company prevails in the marketplace.”

GamerModz sued GamingModz in federal court in Tampa last year, claiming trademark infringement. Since then, GamerModz has repeatedly been late or has failed in providing information that GamingModz needs to defend itself.

Both companies make modified gaming consoles for Xbox, Xbox 360 and Sony Playstation 3. The word “modz” is widely understood among computer game players to describe a controller that has been modified in appearance, function or both. Words like “gaming,” “gamer” and “modz” cannot be trademarked because they are used generically, Golubev says.

GamerModz was turned down when it attempted to trademark its name on the primary register of the U.S. Patent and Trademark Office, GamerModz founder Colin Jones said in a deposition taken in March 2011.

Jones admitted under oath that: he has no polls or surveys to support claims of consumer confusion between the two companies, GamerModz does not use a trademark symbol when advertising on Google AdWords; and other companies have similar names but have not been sued.

Tired of delay tactics, GamingModz in early May sought sanctions for GamerModz for its failure to comply with a court order to produce evidence. Later that month, the federal judge ordered GamerModz to pay some of GamingModz’s attorney fees related to re-filing a motion to get information from GamerModz.

Finally, in May, GamingModz asked the court to order GamerModz to post a bond because its claim under the Florida Deceptive and Unfair Trade Practices Law was “frivolous, and without legal or factual merit.”

GamerModz also named Mikhail Golubev, father of Alex, as a defendant in the trademark infringement suit even though Mikhail Golubev had no part in choosing either the name GamingModz or that of affiliate RapidModz. He does not have a role in the company’s marketing and advertising.

“This is part of a pattern of harassment,” says Alex Golubev. “The other side has yet to produce any solid evidence and when we ask for information, we often get are excuses or no response at all. It’s time for this to end.”

ABOUT GAMINGMODZ

GamingModz is a Miami-based company that creates and applies customized designs and features to game controllers. The innovative firm has earned high marks from players and reviewers for the modified devices, or “mods.”

GamingModz delivers high-quality products that outperform cheaper models by starting with authentic, original controllers from Microsoft and Sony. The modifications are made at the company’s development, design and manufacturing plant. GamingModz backs each product with a 30-day sellers’ warranty and optional 11-month warranty.

GamingModz also provides customer service seven days a week online and supplements that with phone service. For more information, visit gamingmodz.com.

Hugo H. Ottolenghi
GamingModz
18267 NE 4th Court
Miami FL 33162

This release was published on openPR.