VESA (Video Electronics and Telecommunications Association) filed a lawsuit Wednesday against several video and audio bar vendors, including VESA Bar, for “conspiracy to monopolize” its “cake bar” product line.
VESA alleges that it has been sued by several vendors for infringing on the rights of its “cake” bar in an attempt to increase revenue.
The suit, filed in a federal court in Washington, D.C., also claims that VESA’s cake bar infringes on its patent for the “cancellation device” and the “sound device” technology, which the suit says are not “essential components” of VESA “cakes” but rather merely serve to reduce the noise level and the volume of music that a VESA cake bar is capable of.
“The Defendants’ conspiracy to monopolise the sale of VESAS products is not only a violation of VISA’s patent rights, but also a direct threat to VESA and to the American consumer,” the lawsuit states.
“In particular, Defendants are conspiring to use the ‘cancelling device’ and ‘sound device’ technology in order to monopolised the sale and distribution of Vesas products and to create an exclusive market for the ‘cake bar’.” According to the lawsuit, VESA has “an obligation to provide customers with the opportunity to purchase and use the products of Vesa at fair market prices.”
VESA was founded in 2002, and it has sold nearly 1,500 products including “Cake Bar,” “Cherry MX RGB,” “VESA Sound,” “X-Brite” and “Vesa Sound Blaster.”
Vesa Bar was launched in October, 2017, and has sold more than 1,000 products, including the “VESAS Cake Bar” and more recently “CKL” and its “Ki-fi.”
VESA’s lawsuit was filed in U.S. District Court for the District of Columbia by attorney Mark Bittman, who also is a partner at Perkins Coie.
Bittmen told The Hill that the lawsuit was a result of “a long-running battle” between VESA, which is headquartered in Chicago, Illinois, and VESA-owned company VESA Audio.
“It’s a classic case of antitrust that we’ve been arguing for years, where a competitor is trying to monopolized a market,” Bittmann said.
“They’ve been trying to do it for years.
But I think it’s now the right time to go to court.”
Bittmans statement comes amid a growing debate in the video and music industry over the impact of the “bake” bar.
“We have a number of competitors in the space and they’re very aggressive in trying to outdo us, and so we’re seeing an uptick in these cases where people are trying to take advantage of this market and are taking advantage of the law and the rules of the road to do that,” Bettman said.
According to Bittmons analysis, “there is a growing body of evidence that these devices are very effective in reducing the noise and reducing the volume in music.
That is a very real effect.
They’re also very effective at reducing the amount of noise you can hear from your speakers.”
However, VEA’s lawsuit contends that the technology is not essential to VESAs cake bars.
It claims that it sells the “CPSS” technology to many vendors, such as Apple, Sony, and Razer, as well as other companies, but that it is not “vital” to its cake bar products.
According Bittms analysis, the CPSS technology “provides a method for reducing the frequency response of a sound source to reduce noise to the point where it’s virtually indistinguishable from a blank wall.”
However it is also not a “essential” component of VEA “caves.”
Bitter words for VESA After years of fighting with competitors over patents and pricing, VESSA is now facing accusations of conspiring to monopolist the cake bar market.
VESPA, however, is not alone in its fight.
The lawsuit claims that “a number of other companies” are infringing on VESA products.
“Vesas [sic] customers are increasingly concerned that competitors are gaining an unfair advantage over them, and the law is not protecting them from these anticompetitive activities,” the suit states.
For example, in a recent filing, Apple claimed that its iOS and Android apps infringe on VESAPART’s patents.
In September, VISA told The Verge that it was “currently considering” a lawsuit against the music streaming giant, which will be heard in court on May 10.
Apple and VESIA have both denied that they are conspiring against each other.
“Apple and VesA have been working together to build a truly innovative new way to deliver music to people all over the world,” Apple said in a statement.