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
|Court:||Texas Southern District Court|
|Nature of Suit:||Trademark|
|Case Filed:||Sep 15, 2020|