BizCloud Files Trademark Infringement Lawsuit Against CSC, AT&T, Cisco Systems, VMware and EMC
January 13, 2014
Grazed from MarketWire. Author: PR Announcement.
BizCloud® Inc., a cloud computing and infrastructure provider, announced today that it has filed a lawsuit in the U.S. District Court for the Northern District of California seeking to prevent Computer Science Corporation (CSC), AT&T Inc., Cisco Systems Inc., VMware Inc., and EMC for continued infringement and willful and deliberate use of BizCloud®’s registered "BIZCLOUD" trademark. The suit, filed on January 10, 2014, includes claims of willful trademark infringement, unfair competition, unfair business practices, injury to business reputation and unjust enrichment.
In continuous operation since late 2008, BizCloud® has been providing cutting edge technology and cloud infrastructure solutions to the clients in the U.S. and Europe, and has built a strong, recognizable brand that is trusted in the cloud computing market. BizCloud® has been continuously using the "BIZCLOUD" name since 2009 to establish a leading brand of cloud computing products and services in the U.S…
BizCloud® has filed paperwork to trademark its emblematic mark on April 21, 2010 and was granted a trademark for "BIZCLOUD" by the United States Patent and Trademark Office on January 25, 2011. At all relevant times, the company’s cloud computing services and website were prominently marked with the "BIZCLOUD" mark.
In its lawsuit, BizCloud® alleges that CSC infringed on its trademark when it started using the mark "BIZCLOUD" for its private cloud service on February 3, 2011. CSC launched its Bizcloud-labeled service almost a year after BizCloud® applied to trademark its name. According to the lawsuit, BizCloud® sent a cease-and-desist letter on February 3, 2011, the same day that CSC launched its Bizcloud Private Cloud service. CSC willfully ignored the letter and has continued their unlawful use of the "BIZCLOUD" mark.
As of November 2013, CSC continues to use the mark "BIZCLOUD" in promoting its "Private Cloud" service, "BizCloud VPE" service, "BizCloud for Government" service, the lawsuit reads. CSC has never formally applied to register "BIZCLOUD" as their trademark in the U.S. but rather they applied and received a trademark in the EU months after BizCloud®’s cease and desist request was issued.
"We have made a significant investment in protecting the BizCloud® brand, including securing trademark protection for our mark ‘BIZCLOUD,’" said Mr. Vahid Razavi, Founder and CEO of BizCloud®. "We take our trademark seriously and we are prepared to vigorously defend our intellectual property and to take all necessary actions to stop any ongoing confusion that was created in the market due to CSC’s unlawful use of our good name. As a small business taking legal action against multibillion dollar corporations, we are aware that this is going to be a ‘David vs. Goliath’ type of battle, but we are determined to stop further violation of our trademark rights and recover the losses we incurred as a result of the infringement."
The "BIZCLOUD" mark, and the goodwill developed and associated with it, is of inestimable value to the company. BizCloud® claimed in its complaint that it is concerned that CSC’s use of the "BIZCLOUD" brand name and infringement of its registered trademark has caused confusion, mistake and deception amongst consumers as to the identity and origin of BizCloud®’s goods, thus damaging BizCloud®’s business.
In its lawsuit, BizCloud® alleges that defendants AT&T, CISCO, VMWARE, and EMC are also infringing on the BizCloud’s registered trademark "BIZCLOUD," as they have been on constructive notice of BizCloud®’s ownership of the mark "BIZCLOUD," yet have nonetheless entered into deals with CSC whereby they are distributing products and services with the mark "BIZCLOUD," causing irreparable harm to BizCloud® brand.
The suit includes a request for a permanent injunction to restrain the defendants, and anyone with whom they work to import and distribute their products, from using the "BIZCLOUD" name and trademarks. BizCloud® is also seeking monetary damages and attorney fees in its suit, as well as a worldwide accounting and disgorgement of all ill-gotten gains and profits resulting from Defendants’ inequitable activities.
View Copy of the filed complaint at: https://archive.org/details/CSC_BizCloud