SAN FRANCISCO – A British corporation is suing a San Mateo company over allegations its website is confusingly similar to marks owned by the plaintiff.

X/Open Co. LTD filed a complaint on June 8 in the U.S. District Court for the Northern District of California against Xinuos Inc. alleging trademark infringement, false advertising, unfair competition and other counts.

According to the complaint, the plaintiff alleges that it owns the UNIX and UNIXWARE trademarks. It alleges that the defendant was formerly known as UnXis and still operates a domain name unxisco.com, which the plaintiff alleges is confusingly similar to its trademarks.

The plaintiff seeks permanently enjoin the defendant from using the marks, order the defendant to destroy all infringing materials, order to permanently deactivate the domain name unxisco.com, pay all profits derived from defendant's unlawful acts, all damages, all legal fees and any other relief as this court deems just. It is represented by Morgan E. Smith of Finnegan, Henderson, Farabow, Garrett & Dunner LLP in Palo Alto and Mark Sommers and Naresh Kilaru of Finnegan, Henderson, Farabow, Garrett & Dunner LLP in Washington, D.C.

U.S. District Court for the Northern District of California Case number 3:16-cv-03122-MEJ

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U.S. District Court for the Northern District of California
450 Golden Gate Avenue
San Francisco, CA - 94102

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