Align Technologies, Inc. has filed a lawsuit in the Eastern District of Louisiana against O.C. Tanner Company, Inc. for trademark infringement.
The plaintiff alleges that the defendant is using the ALIGN mark in connection with similar goods and services without permission or authorization.
The plaintiff reportedly said that it has been using the ALIGN mark since 2012 covering its specialized services in providing company goal tracking and communication software.
The plaintiff reportedly said that the defendant announced a new software with the name, Align which is a service tool focused on employee management and designed to aid managers in becoming leaders through communication and goal tracking.
The plaintiff alleges that the software name and features are similar to Align Technologies’ software.
The plaintiff reportedly said that the defendant sought to register the ALIGN mark in January 2019 with the U.S. Patent and Trademark Office in class 42 claiming it first used the mark in February 2019, which is 7 years after Align Technologies started using the mark.
The plaintiff reportedly said that the infringement has caused lots of damages, confusion, and had harmed the goodwill and reputation of its brand.
The plaintiff reportedly accused the defendant of federal service mark infringement, unfair competition, and false designation of origin under the Trademark Act of 1946, as amended the Lanham Act as well as common law infringement and deceptive trade practices under Louisiana law, arising from the use, by Defendant, of the name and trademark ALIGN.
The plaintiff is seeking a declaratory judgment in its favor, a permanent injunction, an order for the defendant to pay the plaintiff for any and all profits and gains from using the ALIGN mark, an award for damages, an order to destroy all signage, goods, packaging, containers, etc. bearing the ALIGN mark and other relief.
The case is pending.
Align Technologies, Inc. v. O.C. Tanner Company
|Judge:||Nannette Jolivette Brown|
|Court:||Louisiana Eastern District Court|
|Nature of Suit:||Trademark|
|Case Filed:||Oct 01, 2020|