T-Mobile Asks Justices to Reinstate Win Over Trademark Suit (1)

T-Moblie US Inc. asked the US Supreme Court to find “continuous use” is required to establish common law trademark rights in a bid to nix the revival of a ‘Simply Prepaid’ suit against it.

Virginia-based Simply Wireless Inc. convinced the US Court of Appeals for the Fourth Circuit that its claims T-Mobile infringed its trademark deserved to survive summary judgment. But, T-Mobile told the justices in a cert petition docketed Dec. 11, the Fourth Circuit created a circuit split by effectively eliminating the requirement for continuous use to establish and keep common law rights in unregistered marks.

T-Moblie’s petition noted ...