Plaintiff InsightsNow, Inc. is a Corvallis-based company that has been offering a market research service in the consumer packaged goods industry called “BehaviorLens“. Plaintiff’s claimed date of first use in commerce is August 26, 2011. Defendant SuperPsyched is a Colorado based app-maker with an app for tracking student behavior called “BehaviorLENS“. Defendant’s date of first use in commerce is October 11, 2011. In response to an initial cease and desist letter, Defendant apparently made efforts to distinguish its trademark and services but not to the satisfaction of Plaintiff, resulting in this lawsuit.
InsightsNow, Inc. v. SuperPsyched, LLC
Court Case Number: 6:13-cv-00573-TC
File Date: Wednesday, April 03, 2013
Plaintiff: InsightsNow, Inc.
Plaintiff Counsel: Delfina S. Homen, Hillary S. Brooks of Marger Johnson & McCollom PC
Defendant: SuperPsyched, LLC
Cause: Trademark Infringement, False Designation of Origin and Unfair Competition, Unlawful Trade Practices
Court: Oregon District Court
Judge: Magistrate Judge Thomas M. Coffin