PITTSBURGH — A Pittsburgh company is suing a Kickstarter business, alleging trademark infringement.
Scioinspire Corp., of PIttsburgh, filed a lawsuit March 2 in U.S. District Court for the Western District of Pennsylvania against Verifood Ltd. and Consumer Physics Inc., doing business as “Scio,” alleging trademark infringement, dilution of trademark rights, and unfair competition.
According to the complaint, Scioinspire has the exclusive right, title, and interest in the “Scio” mark, for which federal registrations carry a statutory presumption of ownership. The plaintiff alleges it filed for a federal registration in 2008 for the term “Scioinspire,” and later in 2010 for the term “Scio,” marks that traverse consumer and commercial enterprises.
The suit says the defendants used the mark intentionally for promoting their Kickstarter business to the detriment of Scioinspire Corp. The plaintiff alleges the defendants have omitted providing commercial contact information on their website to thwart the legal process and avoid an investigation of their funds raised.
Scioinspire seeks an injunction to restrain use of the mark by the defendant, a declaration of exclusive rights to the mark, compensation for all sales derived by the act of infringement, compensatory, statutory, treble, punitive and exemplary damages, cost of litigation and attorney fees. It is represented by attorney Gregg R. Zegarelli of Zegarelli Technology & Entrepreneurial Ventures Law Group PC in Pittsburgh.
U.S. District Court for the Western District of Pennsylvania Case number 2:16-cv-00240-LPL