Based in Santa Ana, CA, Tivoli, LLC is an industry leader in the design and manufacture of theater and entertainment lighting systems, including aisle, step, wall and seat lighting. Tivoli, LLC designers Terrence C. Walsh and Randy G. Valporasio devised technologies that resolved certain problems associated with step lighting. On April 29, 2003, the United States Patent Office issued Patent No. 6,544,446 for the invention, which was assigned to Tivoli, LLC. Titled "Step Illumination Apparatus" ('446 Step Illumination patent), this invention enables low-level ambient light to be emitted from wall or chair mounted lights.
At all times, Tivoli, LLC's Step Illumination Apparatus has been labeled with the words "patent pending" or the actual patent number. Plaintiff alleges that Defendant copied the design and began selling it under the Tempo Industries product line as the "Sentinal System." Plaintiff also claims that Defendant then went after its ongoing and potential customer base, causing Tivoli LLC to lose goodwill and sales, among other damages.
"Tempo Lighting, Inc. deliberately copied our original idea," said Eric Kramer, CEO of Tivoli, LLC and of Targetti North America, Inc. which is part of the worldwide Targetti Group, "in order to remain competitive in the theater lighting market. They never invested the time or resources to develop their own product, but infringed on our patented ideas to their gain and our detriment. We have filed this lawsuit to put an end to their infringing behavior."
"Tivoli, LLC has been greatly damaged by Tempo Lighting, Inc.'s infringement," said Edward O'Connor. "We will protect our client's rights as a patent holder and ask the Court to issue a permanent injunction against Tempo to stop them from directly or indirectly infringing on Tivoli's Step '446 Illumination patent. We will also ask the Court to issue an order to have any and all of Tempo's infringing products destroyed, including marketing materials and brochures."
Plaintiff Tivoli, LLC (www.tivolilighting.com) is based in Santa Ana, CA; Tel: 714.957.4990, and is part of the worldwide Targetti Group organization (www.targetti.com). The company is represented by William E. Levin and Edward O'Connor with the law firm of Levin & O'Connor in Laguna Beach, CA; Tel: 949.497.7676.
Defendant Tempo Lighting, Inc., dba Tempo Industries (www.tempoindustries.com), is based in Irvine, CA; Tel: 949.442.1601.