SAN FRANCISCO – An Oakland business is facing accusations from a Virginia corporation alleging it is using a similar name and causing confusion.
Merscorp Holdings Inc. and Mortgage Electronic Registration System Inc. filed a complaint on Aug. 3 in the U.S. District Court for the Northern District of California against the
MERS Inc. and Mortgage Electronic Registration System Inc. alleging unfair competition, trademark infringement and false designation of origin.
According to the complaint, the plaintiffs allege that they suffered damages to their business as a result of the defendants' actions. The plaintiffs hold MERS Inc. and Mortgage Electronic Registration System Inc. responsible because the defendants allegedly have confusingly similar names to the plaintiffs' names, which has reportedly confused consumers. The suit states that the plaintiffs' customers have mistakenly sent legal documents and other mail to the defendants when they had intended it to go to the plaintiffs.
The plaintiffs request a trial by jury and seek preliminary and permanent injunctive relief enjoining the defendant from further infringing plaintiffs' trademark, award damages to plaintiff, treble damages, all legal fees and any other relief as the court deems just. They are represented by Robert N. Phillips, Adaline J. Hilgard and Seth B. Herring of Reed Smith LLP in San Francisco.
U.S. District Court for the Northern District of California Case number 3:16-cv-04380