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Notice of DMS Trademark Infringements

If you are buying, selling or otherwise marketing the DMX marked satellite products you are infringing on DMS International trademarks. Here are some important facts that you need to know. DMS International in no way authorized, endorsed or sponsored the use of the “DMX Mark”.

Want to know more? Below you can read some excerpts from the fully executed Settlement Agreement.

The WSI Parties have used the marks “DMX” and “Traxis” in connection with the sale and distribution of satellite receiver and related equipment. DMS has given the WSI Parties due notice of its objection to said use and has demanded that the WSI Parties cease and desist from such use. The WSI Parties have agreed to cease such use.

DMS is the valid and rightful owner of copyrights in and to photographs, illustrations and graphics depicting and describing products it sells in connection with the Business (collectively, the “DMS Copyrights”).

The WSI Parties have used certain photographs, illustrations and graphics in connection with their business which are subject to the DMS Copyrights. DMS has given the WSI Parties due notice of its objection to said use and has demanded that the WSI Parties cease and desist from such use. The WSI Parties have agreed to cease such use.

No later than February 20, 2011, the WSI Parties shall completely and forever cease their use of:

* the mark “DMS” in any format, whether standing alone or together with other letters, numbers, characters or symbols
* the mark “DMX” in any format, whether standing alone or together with other letters, numbers, characters or symbols
* a mark which contains letters in the sequence of “DM”, “MS” or “MX” and which is also phonetically similar to the DMS Mark or DMX Mark
* a mark which contains letters in the sequence of “DM”, “MS” or “MX” and which is also visually similar to the DMS Mark or the DMX Mark

No later than January 31, 2011, the WSI Parties shall forever and completely cease from using, directly or indirectly, the Prohibited Marks on, in or in connection with any website or webpage owned or operated by or affiliated with the WSI Parties, and shall not permit a third party to use the Prohibited Marks for the purpose of marketing, advertising or promoting products sold or distributed by the WSI Parties or their affiliates on, in or in connection with any website or webpage.

The WSI Parties may, up to and through February 28, 2011, sell existing inventory in their possession, custody or control which has been labeled or packaged with the “DMX” Mark. After February 28, 2011, the WSI Parties will remove the “DMX” Mark from any and all products remaining in their possession, custody or control and no longer sell a product bearing the “DMX” Mark.

Cease Use of the “Traxis” Mark. No later than January 21, 2011, the WSI Parties shall completely and forever cease their use of the “Traxis” or “traxis” (collectively, the “Traxis Mark”), in any format, in any and all respects, including without limitation any use of the Traxis Mark in connection with WSI Parties’ business or any affiliated business, the sale of satellite equipment, the identification of products sold or distributed by the WSI Parties, and the marketing, advertising or promotion of products sold or distributed by the WSI Parites. The WSI Parties shall not, directly or indirectly, use the Traxis Mark in any medium, including printed publication or the internet, and shall not use the Traxis Mark on, in or in connection with any website or webpage owned or operated by or affiliated with the WSI Parties, or permit a third party to use the Traxis Mark for the purpose of marketing, advertising or promoting products sold or distributed by WSI Parties or their affiliates.

Cease Use of the “traxis.us” Domain Name. No later than January 21, 2011, the WSI Parties shall completely and forever cease their use of the domain name “traxis.us”. In addition, no later than January 21, 2011, the WSI Parties will remove, and take all action necessary to remove, all content existing in and located at the Domain Name.

Cease Doing Business Under the Name of Traxis. No later than January 21, 2011, the WSI Parties (including their affiliates, subsidiaries, successors, parent companies, shareholders, officers, directors, assigns, and representatives) shall cease doing business under the name “Traxis Ltd.” or any other name containing the word “Traxis” and shall take all action, sign, execute and deliver all instruments and documents, give all notices and make all filings necessary to: (i) notify any governmental bodies with whom the Prohibited Designation has been filed or registered that they are no longer doing business under the Prohibited Designation; (ii) change the name of any corporation, partnership, limited liability company or other business entity under their ownership or control doing business with the Prohibited Designation; (iii) advise any third parties to whom they have marketed, advertised or promoted products under or with the Prohibited Designation, or otherwise held themselves out under the Prohibited Designation, that they are no longer doing business under the Prohibited Designation.

Cease Use of DMS Copyrighted Materials. No later than February 28, 2011, the WSI Parties shall completely and forever cease their use of: (i) any and all photographs, illustrations, graphics, descriptions and text depicting any product sold or distributed by DMS in any medium, including without limitation any website or webpage owned, operated or affiliated with the WSI Parties; (ii) any and all photographs, illustrations, graphics, descriptions and text produced by or originating from DMS in any medium, including without limitation any website or webpage owned, operated or affiliated with the WSI Parties; and (iii) any and all marketing, advertising or promotional materials, in any medium, which contain any photographs, illustrations, graphics, descriptions and text produced by or originating from DMS.

Cease Reference to DMS Products. No later than January 31, 2011, the WSI Parties shall completely and forever cease, whether orally or in writing, to use or employ, in any medium (including without limitation any website or webpage owned, operated or affiliated with the WSI Parties) any language, photograph, illustration, graphic, device or other mechanism which suggests or implies: (i) an affiliation, connection or relationship between the WSI Parties and DMS; (ii) an affiliation or connection between any product or service sold or distributed by the WSI Parties and DMS; (iii) that any product or service sold or distributed by the WSI Parties is affiliated with or connected to any product or service sold or distributed by DMS; (iv) that any product or service sold or distributed by the WSI Parties is a new version, series or generation of any product or service sold or distributed by DMS.

Cease Use of Certain Marketing Practices. As of the Effective Date of this Agreement, the WSI Parties shall completely and forever cease to use the DMS Marks, the Prohibited Designation, materials subject to the DMS Copyrights, or the goodwill associated with DMS, the DMS Marks, the Prohibited Designation, or the DMS Copyrights, to: (i) market, sell or promote the business of the WSI Parties or their affiliates; or (ii) divert or direct business away from DMS to the WSI Parties and their affiliates. As of the Effective Date of this Agreement, the WSI Parties shall not: (i) represent that the WSI Parties are representatives of or otherwise affiliated with DMS; or (ii) represent that the WSI Parties sell or distribute products which are sold, authorized or endorsed by DMS.

FridgeFTA is excited to announce the new DMS BSC422….the best duel output C-band LNB in the world….now available in North America!!

With the DMS BSC422 from FridgeFTA you can expect what you don’t get with other duel C-band LNBs…stability, quality and true gain and noise factors.

The specs are about the same as the BSC421 C-band LNB. A TRUE 13k N.F. and 65dB gain. Realistic numbers and high quality assure that this LNB will be stable and receive the weaker feeds that other LNBs fail on.

The BSC422 is available for ordering in the FridgeFTA Satellite Store  at an introductory price below the competing lesser quality LNBs. Click here for ordering/more information. Limited stock will be here at the end of the week or early next week and will begin shipping to customers.

This LNB is available from FridgeFTA in the USA, CANADA, PR, MEXICO and elsewhere!

If you have a BSC421/scalar kit pre-order and would like to upgrade to the BSC422 instead of the 421 use the contact form in the store and we’ll give you special upgrade pricing.

Contact: http://store.fridgefta.info/?page_id=299