PODS(R) Inc. Announces Federal Court Decision Issuing Permanent Injunction Against Willful Infringer of PODS' Patent and Trade Dress Right.
Magistrate Judge Mark A. Pizzo issued the ruling on June 16, 2006. The jury awarded PODS money damages equal to 10% of all revenues derived by Porta Stor for using its infringing lifting device.
The jury also found that Porta Stor violated the Florida Deceptive and Unfair Trade Practices by making false statements on its web page and using a business card remarkably similar to PODS' unique business card. The Court also found Porta Stor liable for copyright infringements of PODS' federally registered copyright covering PODS' rental agreement.
The Court issued a permanent injunction against Porta Stor requiring it to cease its use of the infringing lift system, the use of its consumer rental agreement and business card, which the jury found infringed PODS' trade dress (a category of trade mark.)
Peter S. Warhurst, PODS CEO, Founder and co-inventor of PODZILLA stated: "I am very satisfied that the Court and jury understood the importance of PODS' intellectual property rights. There are many new entrants to the portable storage and moving business that we pioneered. We felt compelled to protect the public and our shareholders by stopping those who unlawfully trade upon our hard work and technology."
Aaron B. Parker, PODS SVP and General Counsel added: "The Court directed a verdict in favor of PODS by ruling that the defendant infringed 21 claims of PODS' patent on the PODZILLA lift system. This case sends a clear message to those who seek to compete unfairly."
PODS' General Counsel assembled a prolific litigation team composed of specialized intellectual litigation attorneys Joseph Diamante and Richard H. An of Jenner & Block's New York City office. Diamante and An joined Robert V. Williams of Williams Schifino law firm of Tampa, Florida.
Currently, the PODS network has serviced over 510,000 customer reservations and is available in 44 states.