SAN DIEGO – A San Diego shopping software developer claims an Illinois business is using its mark for a similar service.
Indyme Soutions LLC filed a complaint on Jan. 31 in the U.S. District Court for the Southern District of California against ZIH Corp. and Does 1-10 alleging trademark infringement and other counts.
According to the complaint, the plaintiff alleges that it owns the Smart Sense mark and that the defendant is using the Zebra Smartsense mark in connection with a similar product. The plaintiff holds ZIH Corp. and Does 1-10 responsible because the defendants allegedly prevented plaintiff from controlling the nature and quality of goods and services provided under the said marks, gained profits by virtue of their infringement, and could cause confusion or mistake to deceive customers into believing that there is an affiliation between both parties.
The plaintiff requests a trial by jury and seeks judgment against defendants, restrain defendants from using the infringing marks to advertise, register and sell, recovers all damages, treble damages, attorney's fees, interest and further relief as the court may deem just. It is represented by Kent M. Walker, David M. Kohn and Michael T. Lane of Lewis, Kohn and Walker LLP in San Diego.
U.S. District Court for the Southern District of California Case number 3:17-cv-00189