Salesforce.com's trademark infringement anything but social, lawsuit claims

StrongView Systems wants an injunction against Salesforce.com's use of the Social Studio brand name

Salesforce.com recently launched a new product called Social Studio in spite of the fact that an existing, competing product had already used that name for years, marketing software vendor StrongView Systems alleges in a new trademark-infringement lawsuit.

Social Studio, which was launched in May, combines Salesforce.com's Radian6 social media monitoring software with its Buddy Media content publishing platform.

But StrongView had already obtained a trademark for that name in 2010, according to its lawsuit filed last week in U.S. District Court for the Northern District of California.

Salesforce.com's Social Studio competes directly with StrongView's product of the same name, the suit states. In addition, Salesforce.com uses a similar color scheme to one StrongView has used to promote its product suite, it adds.

Salesforce.com either "knew, or should have known of StrongView's prior use and established rights," the suit alleges. Even after notifying Salesforce.com in writing of its infringement, the vendor is still using the Social Studio brand name and the similar color scheme, it adds.

StrongView's business has already been harmed by Salesforce.com's actions and will continue to be unless the court takes action, the suit claims, although it does not place a specific monetary value on the alleged damages.

The company wants the court to issue an injunction against Salesforce.com barring it from using the trademark, and to order that all Salesforce.com references and marketing materials bearing the Social Studio name be "disabled, removed and destroyed." It also wants a declaration that Salesforce.com knowingly infringed its trademark, and assorted damages.

A Salesforce.com spokeswoman said Monday the company doesn't comment on pending litigation.

It's not clear how the dispute will shake out, but Salesforce.com's much deeper pockets could give it an edge in court over StrongView if the case isn't settled.

Don't expect a protracted legal battle, according to one observer.

"Most trademark disputes are quickly resolved, often because it is easier for an accused infringer to change marks than to litigate," said Scott Daniels, a partner with the Washington, D.C., intellectual-property law firm Westerman, Hattori, Daniels and Adrian, via email.

It's common for accused infringers to argue that a trademark is invalid, "though here the issuance of a registration for the mark makes that argument of invalidity quite difficult," Daniels added.

Chris Kanaracus covers enterprise software and general technology breaking news for The IDG News Service. Chris' email address is Chris_Kanaracus@idg.com

Join the newsletter!

Or

Sign up to gain exclusive access to email subscriptions, event invitations, competitions, giveaways, and much more.

Membership is free, and your security and privacy remain protected. View our privacy policy before signing up.

Error: Please check your email address.
Show Comments

Blog Posts

3 marketing mistakes to overcome when courting prospective customers

Marketing that urges respondents to ‘buy now’ is a little like asking someone to marry you on your first date. At any time, only 3 per cent of the market is looking for what you’re selling, so the chances of your date randomly being ‘The One’ is pretty slim.

Sabri Suby

Founder, King Kong

Why are we dubious about deep learning?

The prospect of deep learning gives those of us in the industry something to get really excited about, and something to be nervous about, at the same time.

Katja Forbes

Founder and chief, sfyte

Why you can’t afford to fail at CX in 2019

In 1976 Apple launched. The business would go on to change the game, setting the bar for customer experience (CX). Seamless customer experience and intuitive designs gave customers exactly what they wanted, making other service experiences pale in comparison.

Damian Kernahan

Founder and CEO, Proto Partners

Where does the claim that 2 million Australians have tested come from ? Anecdotal information suggests that this is way off the mark.

David Andersen

DNA-based marketing: The next big thing?

Read more

Thank you for the info , being part of a digital marketing agency in kerala , this proved handy and get to know with upcoming trends. htt...

Dotz Web Technologies

Predictions: 9 digital marketing trends for 2019

Read more

So who then is correct? The Research or The skilled Digital people.

Anene

Report reveals Australia faces digital skills shortage

Read more

The blogs are really appreciable and one can trust the knowledge and information provided in the writing.The article you do produce on a ...

Prince Arora

5 brand strategy lessons from Gelato Messina

Read more

Thanks for sharing! Meet the Softcrylic team at Adobe Summit 2019. This team works with a broad range of clients helping solve complex bu...

Anderw Hagel

What Richard Branson has to say about experience delivery, leadership and disruption

Read more

Latest Podcast

More podcasts

Sign in