Lineate is a software provider that has operated under the “LINEATE” mark since 2017. It provides services to a variety of industries, including healthcare. Lineate has a federal registration on the mark for design, development and implementation of software for targeted marketing and advertising, and a second application pending for technical support software design. Lineate says that Interoperability Bidco was formed in 2018, but began using a new mark, “LYNIATE,” in 2020 for software development in the healthcare field. Interoperability Bidco’s trademark applications were rejected over Lineate’s mark, but Interoperability Bidco convinced the examiner that Lineate’s goods and services did not overlap its own and the applications were allowed to proceed. Lineate asserts trademark infringement, false advertising, and statutory and common law unfair competition. The case is before Judge Burroughs.
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