Prime Inc. Sues Amazon “Prime” Alleging Fraud And Trademark Confusion
Springfield, Missouri – Mega-carrier Prime Inc. has filed a lawsuit in U.S. federal court against Amazon arguing the e-commerce giant’s use of “Prime,” which is prominently displayed on its shipping trailers, creates confusion.
The complaint was filed on July 2 in the Western District of Missouri.
The Springfield, Missouri-based trucking company alleges Amazon’s use of “Prime” on its shipping trailers gives “the false impression the services provided by Amazon are provided, authorized, endorsed by, or in some manner associated with, Prime Inc.”
Further, the suit alleges Amazon defrauded the U.S. Patent and Trademark Office (PTO) in its 2005 trademark application for “Prime.”
The complaint asserts Amazon falsely claimed it was providing an “expedited shipping service for others” in 2005.
Prime Inc. contends Amazon “did not itself transport any goods, even to its retail customers and Prime loyalty program members, until approximately 2015.”
According to the complaint, Prime Inc. made an attempt in 2011 and again in 2017 to register a trademark of “Prime Inc.” covering shipping services.
However, the PTO rejected Prime Inc.’s application in both instances citing a likelihood of confusion with Amazon’s “Prime” mark registered in 2005.
Prime Inc. argues it first used “Prime Inc.” in commerce beginning in 1980 and thus should be issued the mark.
The suit is seeking the cancellation of Amazon’s trademark registration, injunctive relief, damages and attorneys’ fees.
Transportation Nation Network will continue to follow the case.
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