U.S. News | Virtual Compute Corporation Sues Nvidia for Trademark Infringement over vCompute Trade Name

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A Data Center Company, Virtual Compute Corporation has filed a lawsuit in the U.S. District Court for the Southern District of Texas against Nvidia over alleged infringement of vCompute Trademark.

The plaintiff alleges that the defendant is using its vCompute trademark name which was registered with the U.S. Patent and Trademark Office in 2011.

Virtual Compute Corporation offers data center design and deployment services as well as access to private cloud computing under the vCompute name which it uses for customer-facing.

The plaintiff reportedly said that Nvidia introduced software called vComputeServer that allows organizations to run GPU-accelerated virtual machines for AI, high-performance computing, and analytics workloads.

The plaintiff reportedly said that the use of the name by the defendant for their new product is similar to Virtual Compute’s name in the product’s branding and is likely to cause confusion as the two companies are competitors and offer the same service.

Virtual Compute reportedly said the company has seen a drastic drop in revenue because the two companies use the internet as their main channel to advertise.

Virtual Compute Corp. is accusing the defendant of infringing a federally registered trademark, infringing common law trademarks, and unfairly competing by using the company’s trademarks.

Virtual Compute is seeking the jury, permanent injunction and to force Nvidia to destroy any materials that use its trademarks or anything that is similar.

Virtual Compute is also seeking damages of an unspecified amount from Nvidia as well as pre- and post-judgment interest.

The case is ongoing.

Virtual Compute Corporation v. NVIDIA

Judge:
Court: Texas Southern District Court
Case #: 4:20-cv-03216
Nature of Suit: Trademark
Cause: Trademark Infringement
Case Filed: Sep 15, 2020
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About Nathaniel Adebayo 569 Articles
Nathaniel is a News Reporting Intern at Nigerian Law Intellectual Property Watch (NLIPW). He has a passion for writing, capacity building and social media marketing. He is a graduate of Federal University of Technology, Minna, where he graduated with BTECHAGRIC. He is a member of Soil Science Society of Nigeria (SSSN) and the National Union of Campus Journalist (NUCJ). Nathaniel has served as Editor-in-Chief for a number of magazines and as a contributor to various online repositories. Email: anathaniel@nlipw.com

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