A cable television, internet, and phone service provider, Mediacom Communications has filed a lawsuit in the Northern District of Illinois against an internet service provider, Everywhere Wireless for trademark infringement.
The plaintiff alleges that the defendant is using Mediacom’s registered trademark, Gigabit+ to advertise a similar service without permission or authorization.
The plaintiff reportedly said it has been using the stylized GIGABIT+ mark in the U.S. in connection with Internet access services for a long time now and has been widely known as an exclusive mark associated with Mediacom for internet service.
According to the lawsuit, the plaintiff accused Everywhere Wireless of using its stylized marks and designations on its website, advertising similar services as Mediacom.
The plaintiff reportedly said that after they informed the defendant of its rights to the GIGABIT+ mark, the defendant modified its designation in connection with the provision of Internet access services to residences and businesses from “Gigabit+” to “Gigabit Plus.”
Mediacom reportedly claimed that a notice was sent to Everywhere Wireless informing her that the modified designation still infringed its mark but no response was received.
The plaintiff is accusing the defendant of counterfeiting, service mark infringement, false advertising, false designation of origin, false representation of fact, unfair competition, passing off, and violation of the Lanham Act and Illinois statutory and law.
Mediacom is seeking an injunction, an award for damages, an award for costs and fees, for the defendant to deliver all items with the designations in question or related designation for destruction, and other relief.
The case is ongoing.
Mediacom Communications Corporation v. Everywhere Wireless, LLC.
|Judge:||Steven C Seeger|
|Court:||Illinois Northern District Court|
|Nature of Suit:||Trademark|
|Case Filed:||Nov 18, 2020|