On the brief look I've had on their site it looks like Klipsh...

On the brief look I've had on their site it looks like Klipsh have TM'd an oval silicone tip.

Not sure, so speaking presumptively (can only assess further once we know the detail of the claim).

Anyhow seems the TM applies to the shape of the Tip. Now if that's the case (and I'm no IP guru so take with a grain of salt) seems like a pretty tossy kind of TM and surprising that they ever got it registered (if they ever got it registered).

Klipsh is claiming these you beaut tips form a better seal than round earbuds if you look at their site...go figure!

How excatly does an oval as opposed to a round tip that you squash in your ear canal improve the seal. Doesn't common sense dictate that when you push a silicon tip into your ear canal it's going to form to your ear?

That having been said, do Max's even use oval ear tips? Taking it a step further are Klipsh looking for damages or an injunction or both? Particularly, if it's damages...how are they going to quantify their loss?....yeah...it's all easy to throw up an action full of BS...not so easy to convince a court of that BS though!

Anyway, be very interested to see what expert witnesses/studies Klipsh have done to claim that oval silicone tips are sooooooo much better that round tips and so deserved of TM protection...giggle.

I also stated that it's highly likely NUH hasn't been served with the claim yet and in any event it would be their legal team that would be advising re the need for any anns.

I would think (if I'm channelling the claim correctly, that they'll be amused (our legal team that is).

Oh! Want to jump in on this one too, Teddy Wad? Tell me how US law is different from OZ law...Bahaha!