San Diego - Communications provider Cricket Wireless has recently won a trademark infringement and false advertising lawsuit against ABC Wireless Choice, a wireless communications provider in Chicago. The San Diego trademark attorney representing Cricket announced that his client has been awarded a permanent injunction and all attorneys' fees in the case.
According to federal trademark law, the courts may award injunctive relief if there is evidence that the defendant has mislead consumers by falsely implying a connection to the plaintiff, confusing buyers as to the source of its goods and services. In "exceptional" cases, in which the defendant is found to have acted maliciously, fraudulently, willfully, or deliberately, the courts may award attorneys' fees to the plaintiff.
In its trademark infringement complaint against ABC Wireless Choice, Cricket was victorious on all counts and was also able to prove the variables for an "exceptional case," thus receiving the award for attorneys' fees.
According to the complaint, ABC Wireless Choice infringed on the Cricket Wireless trademark and blatantly implied it was somehow connected to the San Diego provider by displaying the Cricket trademark and logo on its signs and banners. ABC was not offering any Cricket Wireless products or services for sale, however its attempts to lure potential Cricket customers to its stores to purchase its competing telecommunications goods and services were intentional. Upon investigation by Cricket Wireless representatives, ABC was found to have engaged in activities that were unlawful and described as a "bait and switch" scam at the expense of Cricket and its customers.
In addition to these findings, ABC Wireless choice reportedly threatened Cricket Wireless employees and repeatedly attempted to evade service of process, the procedure that would give it legal notice of Cricket's complaint.
Founded in 1999, Cricket Wireless provides wireless communications service to seven million customers in the United States. Cricket is a subsidiary company of Leap Wireless, which owns and operates the seventh largest wireless communications network in the country, utilizing its CDMA 1X and 1xEV-DO networks.
No comment was available from either party on the court's verdict.