ACXIOM CORPORATION, a Delaware corporation, Plaintiff, v. AXIOM, INC., a Delaware corporation, Defendant., 27 F. Supp. 2d 478

Summary

Plaintiff, operating under the tradename "Acxiom", filed a complaint alleging that defendant, by adopting the name Axiom was engaging in infringement of registered trademarks and service marks, false designation of origin, dilution, unfair competition, and common-law trademark, service mark and trade name infringement. The court found that defendant was engaging in infringement of registered trademarks and service marks under § 43(a) of the Lanham Act, 15 U.S.C.S. § 1114, because plaintiff owned the mark which was legally protectable and, based on the ten Lapp factors, defendant's use of the mark was likely to create confusion concerning the origin of the products or services. The court enjoined defendant from further use of the name but did not award lost profits because plaintiff had not established that defendant engaged in fraudulent conduct nor did the case warrant an award of attorney's fees.