ERIE – A San Diego-based corporation that deals with software for neurocognitive testing alleges that another California corporation is unlawfully using a similar trademark.

ImPACT Applications Inc. filed a complaint on July 25 in the U.S. District Court for the Western District of Pennsylvania against IMPAXX Solutions Inc. alleging trademark infringement and unfair competition.

According to the complaint, the plaintiff is a Pennsylvania corporation and that it has registered the Impact mark with the U.S. Patent and Trademark Office. 

The plaintiff holds IMPAXX Solutions Inc. responsible because the plaintiff alleges the defendant's use of the IMPAXX Solutions mark is likely to cause confusion and deceive consumers as to the source of product origin.

The plaintiff requests a trial by jury and seeks enjoin the defendant, permanent injunction, account and pay the plaintiff for all profits and damages, punitive and exemplary damages, court costs and any further relief the court grants. It is represented by Julian E. Neiser of Spilman, Thomas & Battle in Pittsburgh.

U.S. District Court for the Western District of Pennsylvania case number 2:17-cv-00973-MRH

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