Focus 360 Sues InVision International USA for Trademark Infringement.

Business Editors

SANTA ANA, Calif.--(BUSINESS WIRE)--April 2, 2003

Focus 360 filed suit yesterday in U.S. Federal Court, Southern Division, against InVision International USA for trademark infringement, false advertising, fraudulent business practices and unfair competition. Plaintiff seeks a temporary restraining order to enjoin InVision International USA from infringing on their Architectural Communications(R) trademark and unique logo, as well as damages and punitive damages. Focus 360 (www.focus360.com) creates computer generated imagery of proposed residential, commercial and industrial developments, and is an industry leader. Plaintiff is represented by William E. Levin with Levin Intellectual Property Group in Laguna Beach, CA. A jury trial is requested and the Hon. Gary Taylor will preside over the case, Focus 360 vs. InVision International USA, Case. No. SACV03-329GLTMLGX.

Focus 360 was established in January 2000, with the merger of Ormonde Presentations and Headrick Chase and Associates. In August 2000, Focus 360's partners conceived of the unique mark "Architectural Communications" to market their services. The term was an industry first, and they applied for federal registration, which issued on January 8, 2002 (U.S. Trademark Registration No. 22527103). They invested thousands of dollars, using the names "Focus 360" and Architectural Communications(R), to grow their company, and today represent such clients as Centex Homes, Del Webb Communities, Shea Homes, Spieker Properties, Sares-Regis Group, and Trammel Crow.

In September 2002, Focus 360 first discovered that one of its competitors, InVision International USA (InVision), had launched and was using the Architectural Communications(R) mark on their www.fly-through website. They immediately wrote to InVision, requesting that they remove Plaintiff's registered mark from their website. InVision never responded. In February 2003, Plaintiff's counsel wrote to InVision, asking them to cease and desist their allegedly infringing conduct. Again, InVision failed to respond and continues to use Focus 360's mark on their website.

"The integrity of our company is synonymous with our Architectural Communications service mark," said Focus 360 co-founder, Steven G. Ormonde. "We gave InVision an opportunity to stop their blatant infringement of our trademark on their website, but they ignored us. This lawsuit is our only recourse to protect our legal rights and to reinforce our original message to InVision that we won't tolerate anyone piggy-backing on our good name at the expense of our hard earned reputation."

"InVision's actions have only served to create likely confusion," said William E. Levin, "and are an unfair attempt to erode Focus 360's position in the international real estate development market. To further allow InVision to infringe on the Architectural Communications registered trademark and unique logo will ultimately destroy their value. That's why we are committed to seeing that justice is served and to stopping InVision from profiting from business practices which should be viewed, in our opinion, as predatory and deceptive."

Editor's Note:

Focus 360 is a California partnership, based in San Juan Capistrano. InVision International USA is a Florida corporation, based in Altamonte Springs, with offices in Phoenix, AZ and Lubbock, TX, and with Canadian sales representatives in Toronto, ON and Vancouver, BC.