TAMPA — A Hillsborough County software developer is suing a competitor, alleging trademark infringement.

Accsys Inc. filed a lawsuit Nov. 18 in U.S. District Court for the Middle District of Florida against Upserve Inc., alleging the defendant adopted the plaintiff's trademarks in bad faith and with intent to cause confusion and dilution.

According to the complaint, Accsys Inc. is a provider of software and related services to the hospitality and restaurant industry, including one of its primary brand "Restaurant Magic", that assists restaurant owners and operators in the management of restaurant operations. However, the suit says, Accsys recently discovered Upserve has launched its own software that offers almost the same functionality as that of the plaintiff. 

Furthermore, the lawsuit states, the software was being promoted on Upserve's website and other Internet advertising as "Upserve is Restaurant Magic," which caused irreparable injury to Accsys' reputation and good will. 

The plaintiff alleges Upserve refused to comply with Accyss' demands to cease and desist from the wrongful use of the registered trademark, obtained profit at the expense of the plaintiff, and caused confusion among consumers by offering similar services and using the same trademarks as the plaintiff.

Accsys Inc. seeks trial by jury, enjoin the defendant against further infringement, accounting of profits, three times any damages, restitution, costs of action, attorney fees and all relief the court deems just. It is represented by attorneys J. Todd Timmerman, Mindi M. Richter and Jeffrey B. Fabian of Shumaker, Loop & Kendrick LLP in Tampa.

U.S. District Court for the Middle District of Florida Case number 16-cv-03233

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U.S. District Court for the Middle District of Florida Tampa Division
801 North Florida Avenue
Tampa, FL 33602

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