A Houston software company is suing over claims another company has infringed upon its registered trademark.
Shipcom Wireless Inc. filed a lawsuit Oct. 8 in the Houston Division of the Southern District of Texas against Catamaran Corp. and Catamaran LLC of Schaumburg, Ill., citing trademark infringement.
According to the complaint, Shipcom Wireless provides server-based software solutions in many fields, including its Catamaran software platform, which is popular in the health-care industry. Shipcom Wireless says it is the owner of the registration for Catamaran for software that enables "interface between enterprise applications and wireless access by mobile devices."
The complaint states Catamaran Corp. began doing business under that name in July 2012, after a merger, and deals with pharmacy benefit management services, likely using the same customer base as the plaintiff. The plaintiff says Catamaran Corp. filed to register the name for "computer software for database integration in the area of drug information and pharmaceutical formulary management," but Shipcom filed a notice of opposition on Dec. 4, 2012.
Shipcom Wireless says the defendant is likely to market to institutions that already recognize the Catamaran name as the plaintiff's software and cause confusion.
The defendants are accused of trademark infringement, false designation of origin, partial cancellation of U.S. trademark registration, and common law trademark infringement.
Shipcom Wireless is seeking an order enjoining the defendants from using the Catamaran trademark, an order directing the defendant to destroy or modify all goods bearing the mark Catamaran, an order directing the United States Patent and Trademark Office not to register the Catamaran-related marks in Catamaran LLC’s applications, and damages, including defendant's profits, plaintiff's actual damages and court costs.
Shipcom Wireless is being represented in the case by attorneys Nitin Sud of Sud Law P.C. in Houston and Jennifer Lee Taylor and Joyce Liou of Morrison and Foerster LLP in San Francisco.
Houston Division of the Southern District of Texas case number: 4:14-cv-02863