FORT LAUDERDALE — A financial services company is suing a similarly named business, alleging trademark infringement and unfair competition.
Pushpay IP Limited filed a lawsuit Nov. 15 in U.S. District Court for the Southern District of Florida against Pushpay Inc., formerly known as Wildcard Payments Inc. and Wildcard Consulting Inc., alleging adopting trademarks in bad faith and with intent to cause confusion and dilution.
According to the complaint, Pushpay IP Limited owns registered trademarks such as "Pushpay", "Push To Pay" and "Just Push Pay", where the foregoing registrations and applications are currently in full force and effect and unrevoked. More so, the suit says, it owns and operates the domain name "pushpay.com" and has acquired valuable common law and statutory rights and goodwill from the trademarks.
However, on May 31, Pushpay IP Limited alleges it was informed the defendant had changed its predecessor company's name to Pushpay Inc, which is confusingly similar to plaintiff's trademark. The lawsuit states the defendant provides the same goods/services and also registered a similar domain name "pushpayments.com.
The plaintiff alleges the defendant caused confusion among consumers by offering similar services and using the same trademarks as the plaintiff's distinctive marks in order to capitalize and receive the benefits of the plaintiff's reputation and goodwill.
Pushpay IP Limited seeks trial by jury, enjoining the defendant from further infringement, costs of action, attorney fees, destruction of all products, packages and advertisements bearing the infringing trademarks, transfer domain name and all further relief the court deems just. It is represented by attorneys Ury Fischer and Noah H. Rashkind of Lott & Fischer in Coral Gables, and by Robert A. Weikert, David L. May and Shanelle A. Henry of Nixon Peabody LLP in Washington.
U.S. District Court for the Southern District of Florida Case number 16-cv-62695