Wireless service provider, T-Mobile US Inc. has filed a lawsuit in the Washington Western District Court against Simply Wireless Inc. for alleged trademark infringement.
The plaintiff alleges that the defendant is using T-Mobile’s trade name and trademarks claiming its affiliation with T-Mobile despite the parties not currently having a business relationship.
According to the lawsuit, T-Mobile is a subsidiary of Deutsche Telekom AG (DTAG), which owns the standard character, T-MOBILE, and a stylized T-Mobile Mark.
T-Mobile reportedly said that it owns the exclusive licensing and enforcement rights to the T-Mobile marks and only T-Mobile and authorized sublicensees are allowed to use the T-Mobile marks.
T-Mobile reportedly said that the T-Mobile mark has become an essential part of the valuable goodwill and property of T-Mobile as they have invested in the development and sustainability of the brand.
According to the lawsuit, T-Mobile and Simply Wireless engaged in two business relationships from 2003-2009 where Simply Wireless was an authorized T-Mobile device and services dealer in pursuant to their dealer agreements.
The plaintiff reportedly said that the defendant also engaged in cooperative advertising with T-Mobile from July 12, 2012 to June 30, 2015 as “Limited Purpose Co-Marketing and Distribution Agreement for Prepay Equipment Sold through HSN and QVC”.
The plaintiff alleges that the defendants’ sublicenses have expired and Simply Wireless has no right or authority to utilize the T-Mobile Marks but the defendant continues to represent to the public via its website that there is a partnership between the parties despite the fact that none currently exist.
The plaintiff reportedly accused Simply Wireless of violating the Lanham Act and Washington Consumer Protection Act.
T-Mobile seeks an order to halt the defendant’s use of the T-Mobile marks; an award for damages, costs, and fees; and other relief.
The case is pending.
T-Mobile US, Inc. v. Simply Wireless, Inc.
|Judge:||Ricardo S Martinez|
|Court:||Washington Western District Court|
|Nature of Suit:||Trademark|
|Case Filed:||Apr 19, 2021|