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SUPERIOR COURTCIVIL ACTION
DOCKET NO.
STATE OF MAINE
YORK, ss.
SMARTHOME SOLUTIONS, INC.
)
Plaintiff
v.
)
TIME WARNER CABLE LLC
)
Defendant
)
COMPLAINT
Now comes the Plaintiff, SmartHome Solutions, Inc., by and throug,h undersignedcounsel, and complains against the Defendant, Time Wamer Cable LLC (hereinafter "TimeWamer") as follows:
Introduction
1.
or the past 7 years, SmartHome Solutions, Inc. ("SmartHome") has beendevising and installing home entertainment, communication and automation systems in newconstruction and existing homes. Installation services include connecting homeowners to theintemet and cable television. In or about 2007, SmartHome became a vendor/partner for TimeWarner, offering cable boxes and post-installation service for intemet and cable customers. InJune of 2011, SmartHome discovered that Time Warner pirated the name "Smart HomesSolutions" and used it to develop its own low-end installation plan for integrated home systems.Time Wamer created electronic and hard copy marketing materials, which it distributed toSmartHome's existing and prospective customers, calling itself "Smart Homes Solutions." TimeWamer cut off SmartHome's access to its email server thereby preventing SmartHome fromsending email to anyone in the "maine.rr.com" or "roadrunner.com
" domains. Time Warner
traded on the brand recognition and good will established by SmartHome, and has unfairly
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Case 2:11-cv-00254-DBH Document 1-1 Filed 06/28/11 Page 1 of 11 PageID #: 5
competed and engaged in deceptive trade practices by using SmartHome's exact name and bytaking action to prevent SmartHome from engaging in its business. SmartHome has sufferedirreparable harm and other damages. Injunctive relief should issue to prevent Time Warner frommarketing its services as Smart Homes Solutions.
The Parties
2.
SmartHome Solutions, Inc. is a corporation organized under the laws of the Stateof Maine with a principle place of business in Kennebunk, York County, Maine.
3.
Time Warner, Inc. is a Delaware Corporation with a principal place of business inNew York, New York, doing business in the State of Maine under the name Time Warner Cable,with offices located at 118 Johnson Road in Portland, Maine.
Facts
4.
SmartHome is an electronic architect and system integrator, specializing in homeentertainment, communication and automation systems, with expertise in high-end technology
integration design.
5.
A copy of one of SmartHome's marketing brochures is attached hereto as
Exhibit
A.
6.
Since its inception in 2003, SmartHome has invested hundreds of thousands ofdollars in branding and marketing including website and electronic marketing, customizedtrucks, magazine advertisements, direct mailing, and attendance at tradeshows.
7.
SmartHome developed a significant client and refeffal base including high endcontractors and consumers throughout Maine from York to Penobscot County.
8.
As part of its integrated installations, SmartHome offers cable and internet
installation.
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Case 2:11-cv-00254-DBH Document 1-1 Filed 06/28/11 Page 2 of 11 PageID #: 6
9.
In or about 2007, SmartHome contracted with Time Wamer as an "after seller"authorized to sell and service Time Wamer Cable boxes necessary for intemet access.
10.
As part of its relationship with SmartHome, Time Wamer's marketing personnelfrequently inquired about SmartHome's product lines, services and marketing strategies in whatit claimed was an effort to better understand SmartHome's business plan.
11.
On June 22, 2011, SmartHome discovered that any emails it sent to"maine.rr.com" or "roadrunner.com" customers were being bounced back by Time Wamer's
server.
12.
On June 22, 2011, SmartHome received an email from Time Wamer's marketingmanager, Shanna Alexander, advising that Time Wamer planned to launch a marketing anddirect mailing campaign advertising a service Time Warner called "Smart Home Solutions."
13.
Ms. Alexander's email acknowledged the identical name of the services, stating
as follows: "Hi guys, I know this might impact you because of its name. Please let me know."
14.
SmartHome discovered that Time Warner's advertising and marketing campaignunder the name "Smart Home Solutions" offered the exact same service as SmartHome
Solutions, Inc.15.
On June 23, 2011, Time Warner sent a mass email, including to its customer JeffBinette, one of the principles of SmartHome, with the subject line "Smart Home Solutions. Just$33/month." It advertises "Time Wamer Cable Smart Home Solutions." A true copy of the
email is attached hereto as
Exhibit B.
16.
Time Wamer's website advertises Smart Home Solutions, including a statementthat says, "What You Get with Smart Home Solutions." At true copy of the web page is attachedhereto as
Exhibit C.
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