Court Rules in favour of Cliff™ UK against Cliff Electronic Components Inc. and Andrew Brunt
from Cliff™ Electronic Components Ltd. (U.K.), 22nd December 2011. Download this notification as a PDF .
The court in Topeka, Kansas, USA has issued its order in the long-running dispute between Cliff™ UK and its ex-distributor, Cliff Electronic Components Inc. of Topeka, (Cliff USA now trading as CHK Electronics), and Andrew Brunt.
The court ruled that Cliff USA
- had infringed on Cliff™ UK’s American trademark,
- engaged in unfair competition with Cliff™ UK,
- falsely designated the origin of its counterfeit goods marketed to American consumers,
- owes Cliff™ UK an unspecified money judgment and infringement penalties yet to be determined.
It also ruled that Cliff™ UK is entitled to an injunction prohibiting Cliff USA and Andrew Brunt from engaging in further use of the Cliff™ trademark or name. The court denied the counterclaims of Cliff USA and Andrew Brunt and found the latter personally liable.
The ruling confirms that only Cliff™ UK, its’ USA subsidiary Cliff™ Inc. or Cliff™ authorised resellers are entitled to sell products in the USA under the Cliff™ brand name. Counterfeit products must not be marked with the Cliff™ name nor sold as genuine Cliff™ products.
Read the full court order
OEM who specify Cliff™ parts to be used in their products should be aware that genuine parts are only sold by Cliff™ UK, Cliff™ Inc. or an authorised reseller. Names of authorised resellers can be obtained from Cliff™ Inc.
A number of components which infringe Cliff™ UK’s patents such as Stackjacks™ and some terminals are being sold by unauthorised sellers, and used by USA manufacturers. These parts have been marked with the Cliff™ trademark in the past, but have recently appeared with no markings. Some manufacturers who are known to have purchased these parts, whilst awaiting the outcome of this lawsuit, have been advised that they infringe Cliff™ UK’s US patents by using patent infringing clones. These manufacturers should now desist from using parts which infringe our patents.
(posted 1st July 2014): 4th October 2013: Temporary injunction becomes permanent. £175,000 awarded to Cliff™ UK. Read the court agreed journal entry
11th June 2010: Valued customers are unknowingly buying counterfeit "CLIFF" jack sockets ...
2nd January 2009: We are pursuing legal means to stop our previous US distributor Cliff Electronic Components Inc. located in Topeka, Kansas and Cliff Hong Kong from using the Cliff™ name and selling counterfeit Cliff™ branded parts ...
18th March 2008: We have discovered that counterfeit Cliff™ products are entering the United States from a company calling itself CLIFF Hong Kong ...
Please contact Cliff™ sales for more information.