KICKER Settles in Court with ‘Unauthorized’ Dealer

Aug 28, 2018

Stillwater Designs & Audio Inc. has reached a settlement in district court with a company that does business as Discounts Jungle. Stillwater Designs & Audio originally filed the complaint on behalf of its KICKER brand in August last year in the U.S. District Court of Massachusetts. The company alleged that Discounts Jungle engaged in unauthorized distribution and sales of KICKER products.

KICKER sought injunctive relief and monetary damages for Discounts Jungle’s sale of KICKER products. KICKER asserted claims for trademark infringement, tortious interference with contract and/or business relations, as well as unfair and deceptive trade practices, according to the company.

As part of the settlement, Discounts Jungle was forced to cease the distribution and sale of KICKER products, according to Stillwater Designs & Audio.

“KICKER is committed to supporting our authorized partners and protecting our loyal customer base,” said Rob Limbaugh, KICKER vice president of business development. “We’re committed to aggressively pursuing unauthorized resellers who use improper means to obtain KICKER products and sell them through unauthorized channels.”

KICKER has invested in its Authorized Distribution Network, which requires resellers of its products to apply for authorization. Authorized dealers must execute an agreement regulating the manner in which they sell, according to the company. Resellers who have not applied and have not been approved by KICKER are strictly prohibited from selling KICKER products.