Stratus Technologies, Inc. (Maynard, MA) and a related Bermuda company have sued CytexOne Corp. (New York, NY) for trademark infringement and related claims pertaining to plaintiffs’ STRATUS® mark for information technology and networking services. CytexOne has started to sell computer hardware, software, and services under the marks STRATUSONE and / or STRATUSPHERE.
CytexOne originally was going to use the mark STRATUS, but after receiving a letter from Stratus’ attorneys, changed its marks to the ones above. Not satisfied, Stratus brought suit.
From what I can read into the complaint it appears that CytexOne’s use of its marks is more slanted toward hardware whereas Stratus’ use of its marks is more slanted toward computer services, though may be some overlap in the goods and services. This overlap, along with the effect of the accused marks’ suffixes, will be the battlegrounds here.
Stratus Technologies Bermuda Ltd. v. CytexOne Corp., 10-11265-NMG (D. Mass. July 28, 2010)
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