Data Access Corporation has filed a lawsuit in the Southern District of Florida against Microsoft Corporation for trademark infringement.
The plaintiff alleges that Data Access is the owner of DATAFLEX trademark which has been in use for almost 40 years in connection with its DataFlex product which covers software and business applications.
The plaintiff reportedly said that Microsoft introduced a software platform in July for building and deploying applications with the name DATAFLEX which is the same as the plaintiff owned mark.
The plaintiff reportedly said that the defendant is using a similar mark that covers the same type of items, software, and applications.
The plaintiff reportedly said that a cease and desist letter was sent to the defendant but Microsoft continues to promote and offer the products on its website and through other channels.
The plaintiff reportedly said that the infringement has caused lots of damages, confusion, and unfair competition.
The plaintiff is suing the defendant for infringement of federally registered trademarks and service marks, federal unfair competition and false designation of origin, common law trademark infringement, and violations of Florida’s Deceptive and Unfair Trade Practices Act.
Data Access is seeking a declaratory judgment, preliminary and permanent injunctive relief, an award for damages, disgorgement of ill-gotten gains, an award for attorneys’ fees and cost, and other relief.
The case is ongoing.
Data Access Corporation v. Microsoft Corporation
|Court:||Florida Southern District Court|
|Nature of Suit:||Trademark|
|Case Filed:||July 28, 2020|