Rocket Software, Inc. (Newton, MA) has sued Rocket Gang, Inc. (Scottsdale, AZ) for trademark infringement relating to the mark ROCKET for computer software.
[Side note, ROCKET is apparently a popular mark across product lines. In the short time this blog has existed, it has reported on a couple of other ROCKET related trademark disputes.]
Plaintiff owns several registrations for ROCKET related marks in this field. Defendant uses the name ROCKET GANG for various services including reselling IBM software. Defendant applied for a federal registration for its mark in 2007 (alleging use dating back to 2005). Plaintiff apparently didn’t learn of defendant’s use until 2008, when it sent a cease and desist letter, which was ignored. Defendant’s mark registered in July 2008. In May 2009 plaintiff moved to cancel defendant’s mark before the TTAB. Defendant continued to use its mark and plaintiff (apparently not in much of a hurry) eventually filed this case, which stayed the TTAB proceeding.
Rocket Software, Inc. v. Rocket Gang, Inc., 11-10454-NMG (D. Mass. Mar. 16, 2011)
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