Future POS has filed suit against Revel Systems, alleging infringements under the Trademark Act. Future POS, a point of sale software solutions provider based in Butler, PA, filed a complaint on Jan. 29, 2014 in U.S. District Court for the Western District of Pennsylvania. The complaint lists three counts under the Trademark Act: infringement of a federally registered trademark; false designation of origin and false description and representation; and false advertising. It also lists three counts under Pennsylvania law: common law trademark infringement; unfair competition; and an infringement of Pennsylvania antidilution statute. Future POS is requesting a trial by jury.
Future POS registered the trademark “Future POS” in 2007, giving the company exclusive rights to use it in the U.S. According to the complaint, Revel, a competitor in the POS software market, has used and is currently using the slogan “The Future of Point of Sale” to promote its products.
Future POS’ counsel sent a cease and desist letter dated Jan. 28, 2013 to Revel, specifically asking that the company stop using the marketing slogan “Welcome to the Future of POS.” The complaint filed this week states that the slogan was temporarily removed from Revel’s website, but then in February of last year, Revel filed a trademark application to register “The Future of Point of Sale” and reinstated the slogan on its website. Future POS filed in opposition to Revel’s trademark application with the U.S. Patent and Trademark Office (PTO), citing the similarity between the two marks and the fact that the two companies compete with each other for business. The complaint states the PTO refused Revel’s application “because of a likelihood of confusion with the mark in U.S. Registration No. 3323066,” the Future POS trademark.