Lewis and Roca attorney Shane Olafson recently successfully defended Cricket Communications’ intellectual property rights from a rival company who was using their logo and taking payment for services rendered. Cricket Communications is a pioneer of simple and affordable unlimited wireless services serving more than 5.4 million customers in 35 states and the District of Columbia.
The defendant, GSM Cellular, took numerous actions to mislead consumers that its retail cellular stores were affiliated with Cricket, including changing its business name to Kricket, and prominently displaying the Cricket trademark and logo on signs, banners, posters, retail displays and store vehicles. Additionally, GSM Cellular engaged in the illicit sale and distribution of Cricket wireless products, initiated unauthorized activation of phones on the Cricket wireless network and fraudulently accepted payments intended to compensate Cricket for providing wireless communications services.
Attorney Shane Olafson appeared at oral argument on behalf of Cricket. The Court found the defendant guilty of willful trademark infringement, unfair competition and false designation of origin in violation of the Lanham Act, as well as related common law claims. The Court permanently forbid the defendant from further infringing acts, and ordered the defendant to pay all of Cricket’s attorneys’ fees.
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