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Court to SolarEdge: DENIED!

08/11/17

  11:01:00 am, by Jim Jenal - Founder & CEO   , 390 words  
Categories: All About Solar Power, Ranting

Court to SolarEdge: DENIED!

Judge bangs gavel on SolarEdge's claimsWe wrote last month about the ill-conceived lawsuit filed by SolarEdge against Enphase Energy over a video comparing the new Enphase AC Module’s install time with that of systems using the SolarEdge optimizers.  SolarEdge initially asked for a Temporary Restraining Order - which was denied, but the court set an accelerated hearing schedule for a Preliminary Injunction.  If granted, Enphase would  have been prohibited from airing the video - either via YouTube or at next month’s SPI trade show.

Well this just in: SolarEdge’s motion has been denied in full.  (You can read the court’s order here.)

SolarEdge had whined in their complaint that the video wasn’t fair because they too have embedded optimizers, and that is the comparison that should be shown.  But that is just silly.  First of all, the ad isn’t aimed at consumers, it is aimed at installers - and they very well know the difference.  (A point the judge noted as well.)  Furthermore, here at Run on Sun, we are exclusively an LG shop when it comes to our solar modules.  SolarEdge doesn’t have an embedded optimizer with LG - but Enphase has an AC Module built on the LG 330 Watt Neon module!  For us, the comparison in the video is exactly the comparison that matters.

SolarEdge also whined about the use of their logo in the video, but that was equally bogus.  No one looking at the ad would think for a moment that SolarEdge was endorsing the Enphase product.  Rather the video makes it clear that Enphase is only using it to identify the competing product, a “nominative fair use” that can be invoked where “the use of the trademark does not attempt to capitalize on consumer confusion or to appropriate the cachet of one product for a different… and where a defendant uses the mark to refer to the trademarked good itself."  That is precisely what was done here.

In finding that SolarEdge was unlikely to succeed on the merits of their claims the court cleared the way for Enphase to promote their video far and wide.  We are happy to help!  In case you missed it before, here’s the video that SolarEdge tried, but failed, to keep you from seeing:

PS: Note to SolarEdge’s lawyers - from my old firm of OM&M - you really need to do a better job of managing your client!  Just sayin!

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Jim Jenal is the Founder & CEO of Run on Sun, Pasadena's premier installer and integrator of top-of-the-line solar power installations.
Run on Sun also offers solar consulting services, working with consumers, utilities, and municipalities to help them make solar power affordable and reliable.

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