SAN FRANCISCO – An Austin, Texas research company alleges a Menlo Park corporation's name is too similar to its own.
Asuragen Inc. filed a complaint on Sept. 23 in the U.S. District Court for the Northern District of California against Accuragen Inc. alleging trademark infringement and unfair competition.
According to the complaint, the plaintiff alleges that since 2006, it has used its mark in connection with research and analysis services relating to genetic mutations and other areas of biology. It claims the defendant is using a name and mark that is confusingly similar in sight, sound and commercial meaning, and the defendant’s conduct is causing immediate and irreparable injury to plaintiff and will continue to damage its reputation and goodwill.
The plaintiff holds Accuragen Inc. responsible because the defendant allegedly caused confusion as to defendant's true origin and affiliation and obtained recognition at the expense of plaintiff's significant goodwill.
The plaintiff requests a trial by jury and seeks judgment in its favor; enjoin defendant from further infringement; destruction of products, labels and marketing materials bearing the alleged infringing marks; transfer domain names to plaintiff; damages; costs; disbursements; attorneys' fees; interest; and further relief as the court may deem just. It is represented by Mark R. Conrad and Warren Metlitzky of Conrad & Metlitzky LLP in San Francisco and James D. Weinberger and Jason D. Jones of Fross Zelnick Lehrman & Zissu PC in New York.
U.S. District Court for the Northern District of California Case number 4:16-cv-05440