Universal Percussion, Inc., headquartered in Columbiana OH, has filed a lawsuit against Westlake Village CA-based Guitar Center, accusing the music retail mega-chain of engaging in bait-and-switch selling tactics that caused Universal Percussion to lose out on sales of its WUHAN-branded cymbals and gongs in Guitar Center stores.
Universal Percussion has owned exclusive rights to the WUHAN trademark for percussion instruments since the late 1980s. According to the company, the WUHAN brand has generated significant goodwill, and it’s come to be associated with Universal Percussion and its high-quality products. Universal Percussion alleges that Guitar Center intentionally misled customers into believing that Guitar Center’s AGAZARIAN products were the same as Universal Percussion’s WUHAN products. As such, the company alleges, customers who came to Guitar Center stores looking for WUHAN products were directed to purchase AGAZARIAN products instead. Among nine causes of action, the complaint alleges false advertising, unfair competition and trademark infringement in violation of the federal trademark statute.
The civil action, which also requests a jury trial, an injunction that restrains Guitar Center from engaging in unlawful selling tactics and an unspecified amount of damages, was filed in the U.S. District Court for the Northern District of Ohio (No. 1:16-cv-00745) by plaintiff’s attorneys Thomas L. Holt, Caroline A. Teichner and Brandon M. White of Perkins Coie LLP.
A Guitar Center representative declined to comment when contacted by The Retailer, citing GC’s policy not to comment on pending litigation.