Tags
Common Law Trademark Infringement, False Designation of Origin, Federal Trademark Infringement, Litigation Update, Paul Papak, Unfair Competition
Plaintiff iovation, based in Portland, Oregon, sells computer security and fraud prevention services to customers internationally. Plaintiff has used the term IOVATION as a trade name and trademark since at least as early as June 1, 2004.
Defendant IOvations, of Massachusetts, was organized on July 12, 2004. According to the Complaint, IOvations first limited the services it offered under the IOVATIONS mark to digital data storage solutions. More recently, IOvations has expanded the services it offers under the mark to include computer “network and security solutions.”
Given the similarity, both visually and aurally, between the IOVATION and IOVATIONS trademarks, the closely-related goods and services that the parties sell, and the parties’ overlapping channels of trade and classes of consumers, Plaintiff alleges that actual confusion between the parties and their respective marks is likely to continue and increase.
Failure to negotiate mutually-agreeable terms of coexistence led to this lawsuit.
iovation, Inc. v. IOvations, Inc.
Court Case Number: 3:14-cv-00838
File Date: Thursday, May 22, 2014
Plaintiff: iovation, Inc.
Plaintiff Counsel: Stuart R. Dunwoody of Davis Wright Tremaine LLP
Defendant: IOvations, Inc.
Cause: Federal Trademark Infringement, False Designation of Origin, Common Law Trademark Infringement, Unfair Competition
Court: District of Oregon
Judge: Paul Papak
Oregon Intellectual Property Blog 