MARCH 29 I FISHMAN I LEGAL
Fishman v. Esteban Trial Begins
The trial resulting from the lawsuit filed by Andover, Mass.-based Fishman Transducers on Jan. 17, 2007, against Stephen Paul (doing business as "Esteban"), Daystar Productions and HSN Interactive began March 14 in the United States District Court for the District of Massachusetts. The suit is for unfair competition, trademark infringement and false advertising in violation of the Federal Lanham Act.
Fishman alleged that Esteban, Daystar and HSN advertised, promoted and sold Esteban guitars while falsely misrepresenting to the public that the Esteban guitars were equipped with Fishman electronic components. According to the lawsuit, these statements have been made in television infomercials and on numerous websites. However, Fishman claimed it hasn't sold electronic components to Esteban or any other party for use in Esteban guitars, and it has not authorized either Esteban or Daystar to use the name and trademark Fishman in promoting or selling Esteban guitars.
"We have worked hard for many years to establish a position as a leading manufacturer of the highest-quality products," said Larry Fishman, president of Fishman Transducers. "We are obviously very concerned by the blatant misconduct of the defendants identified in our complaint, and we intend to protect our good name and trademarks vigorously."
According to a statement from Fishman, Chris Martin, CEO of CF Martin Guitars, will be testifying for Fishman as the trial progresses.