AFC Cable Systems, Inc., New Bedford, Mass., and its subsidiary WPFY, Inc., have filed a lawsuit in a federal court in Boston against Alflex Corp., Long Beach, Calif., claiming that Alflex's HCF cable infringes on a WPFY patent that was issued in January. AFC is also suing Alflex for allegedly using AFC's trademark slogan.
AFC alleges false designation of origin, trademark infringement, trademark dilution and unfair competition. AFC and WPFY are seeking injunctions against Alflex to prevent Alflex from manufacturing and selling color-coded HCF cable and to prevent Alflex from allegedly using AFC's trademark slogan, "It Can't Be Seen If It Isn't Green." They are seeking compensatory and punitive damages, court costs and attorney fees.
Alflex disputes the claims and said Alflex intends to "vigorously defend" itself against the allegations made by AFC Cable and WPFY, the company said. "The recent suit brought by AFC Cable and WPFY is simply an effort to deter customers from purchasing Alflex's superior product," said an Alflex statement. "In particular, Alflex intends to act purposefully and quickly to prove that its HCF cable does not infringe any valid claim of WPFY's patent and that the remaining claims also are without merit."