Lighting Science Group (LSG) is a Florida-based designer and manufacturer of LED lighting products, including retrofit lamps, luminaires, and lighting solutions for architectural and design projects.
LSG has been marketing its products under the brand name Lighting Science for about eight years, and LSG owns three trademark and service mark registrations for the mark LIGHTING SCIENCE.
U.S. Registration Nos. 3,121,689 and 3,948,258 are for various LED bulbs, lighting systems, lamps, and light fixtures in Class 11, and U.S. Registration No. 3,929,071 is for installation, manufacturing, and design and development services relating to LED lighting in Classes 37, 40 and 42, respectively (collectively, LIGHTING SCIENCE Marks).
Recently, LSG sued Electronic Lighting Science (ELS) for infringement of the LIGHTING SCIENCE marks. The LSG Complaint, filed in federal court in Los Angeles, alleges that ELS’s use of the name “Electronic Lighting Science” and the phrase “Electronic Lighting Science LED Products” to sell LED lighting fixtures, bulbs and other products infringes the LIGHTING SCIENCE Marks.
LSG is seeking damages and injunctive relief.
Although there has been a ton of LED patent litigation, with new cases filed almost every month, there’s been relatively little activity in LED trademark enforcement (the Whelen case briefed here is the only one I can think of). There may be more to come…
Eric Lane is a patent attorney at McKenna Long & Aldridge LLP in San Diego and the author of Green Patent Blog. Mr. Lane can be reached at firstname.lastname@example.org