Intellectual Property Law

Cricket Communications Sues Hipcricket for Trademark Infringement

By Michael Atkins

On June 2, the Southern District of California transferred a trademark infringement case to the Western District of Washington. San Diego-based Cricket Communications, Inc., contends that Bellevue-based Hipcricket, Inc.’s HIPCRICKET name and registered mark infringes and dilutes Cricket’s CRICKET registered mark. Cricket also alleges a cybersquatting claim based on Hipcricket’s registration and use of Hipcricket.com.

Cricket states it is a “leading provider of unlimited wireless services” and has developed an “affordable wireless service offering consumers and local businesses a flat-rate unlimited service” over a digital wireless network. It alleges that Hipcricket is “in the business of using interactive text messaging programs to deliver advertising to the cellular telephones of consumers.”

Cricket claims that Hipcricket “intentionally sought to imply an association with Cricket in its marketing and advertising.”

Hipcricket largely denies Cricket’s allegations.

Cricket’s registration claims a first-use date of March 1999. Hipcricket’s registration claims a first-use date of July 2004.

The new case cite is Cricket Communications, Inc. v. Hipcricket, Inc., No. 08-908 (W.D. Wash.).

Full post as published by Seattle Trademark Lawyer on June 11, 2008 (boomark / email).