Modulus Financial Engineering, Inc. v. Modulus Data USA Incorporated et al. (D. Mass. 20-cv-10997).

Modulus Financial Engineering (MFE) filed suit against Modulus Data USA and Modulus Data, Inc. (collectively, MDU) asserting trademark infringement, unfair competition and false designation of origin.  MFE has used the MODULUS mark for software design and development since 20002, and owns registrations for MODULUS in connection with the same.  MFE asserts that MDU began using the mark “Modulus Data” through a website known as Log10solutions.com in 2015 when it applied for a registration on the mark.  MFE asserts that, in the application for registration, MDU falsely asserted a date of first use that preceded MFE’s application for a federal trademark on MODULUS.  MFE further alleges that MDU strategically described its offerings to obscure the fact that software is the base of its products and services.  In March 2016, MDU changed its name from Logic10 Solutions to Modulus Data.  MFE then sent a cease and desist letter, after which MFE asserts that MDU filed a Section 7 Request with the PTO to change the date of first use in commerce of November 10, 2015. In addition to the trademark infringement and related claims, MFE seeks cancellation of MDU’s “Modulus”-based trademarks.

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