A California company and a Nevada limited liability company filed suit in the Western District Court against Pittsburgh company QuestMark LLC for trademark infringement, false designation of origin, false advertising, copyright infringement, misappropriation of trade secrets, breach of contract, and unfair competition.
The Amended Complaint filed February 11, 2010 alleges the following claims of trademark infringement under the Lanham Act:
1. Defendants’ use of the mark CREATING AN ACCOUNTABLE CULTURE constitutes infringement of Plaintiffs’ federally registered CREATING A CULTURE OF ACCOUNTABILITY;
2. Defendants’ use of the mark ACCOUNTABLE CULTURE constitutes infringement of Plaintiffs’ federally registered CULTURE OF ACCOUNTABILITY;
3. Defendants’ use of the mark KEYS TO ACCOUNTABILITY constitutes infringement of Plaintiffs’ federally registered STEPS TO ACCOUNTABILITY; and
4. Defendants’ use of the mark ACCOUNTABILITY WORKSHOP constitutes infringement of Plaintiffs’ federally registered ACCOUNTABILITY TRAINING.
The Amended Complaint also alleges copyright infringement of a customer proposal brochure and a document that lists training modules used by the California company in its leadership-training and management-consulting services. The document also outlines the key “take away” points from the various modules.
An Answer has not yet been filed.
On November 3, 2009, AT&T filed suit against Verizon seeking a temporary restraining order, preliminary injunction, permanent injunction, and damages over “disseminating misleading coverage maps in television and print advertisements” about AT&T’s voice and data network. (AT&T Mobility LLC v. Cellco Partnership, U.S. District Court for the Northern District of Georgia.) The cause of action is based on alleged misleading comparative advertising by Verizon in violation of the Lanham Act § 43(a), 15 U.S.C. § 1125(a), and related Georgia laws.
