TRACFONE TRADEMARK SUIT SURVIVES DISMISSAL

摘要

A Georgia federal judge has refused to dismiss Trac-Fone Wireless' trademark infringement claims against Zip Wireless Products Inc. In, Tracfone Wireless, Inc. v. Zip Wireless Products, Inc., 2010 WL 2302184 (N.D. Ga. 2010), Judge Timothy C. Batten Sr. of the U.S. Dis-trict Court for the Northern District of Georgia said Trac-Fone's allegations satisfied federal pleading requirements. According to his opinion, TracFone sells its phones sig-nificantly below cost but turns a profit from the sale of prepaid airtime cards that customers must use to make and receive calls on the phones. The phone manufactur-ers install proprietary software developed and owned by TracFone.