The Life Is Good Company filed another suit against a company allowing users to design and sell t-shirts and the like, this time going after the company behind www.teespring.com. The allegations are virtually identical to the complaint mentioned yesterday against Viral Style.
Merchant Consulting sells payment processing technology equipment and services. It accuses the defendants of infringing its registered stylized mark, Registration No. 3,556,016, which is a gray “M” in a blue and green circle imposed over a gray arrowhead, with the company’s name to its right. It alleges that it also operates under its initials, MCG. Merchant Consulting alleges that the defendants run fraudulent merchant processing companies that misappropriate its “Merchant Consulting Group” and/or “MCG” marks, resulting in actual confusion. Indeed, one example of confusion cited was that the Consumer Protection Division of Missouri opened a complaint against the plaintiff, mistaking it for the defendant. Merchant Consulting charges trademark infringement, unfair competition, and cyberpiracy under the Lanham Act based on defendants’ use of the domain name “www.choosemcg.com.”