4th Circuit Dockets Simply Wireless Trademark Appeal vs. T-Mobile

The 4th Circuit U.S. Court of Appeals docketed the Simply Wireless trademark appeal against T-Mobile as case number 22-2211, said a notice Wednesday. Simply Wireless is appealing the final judgment (docket 1:21-cv-00597) of U.S. District Judge Anthony Trenga for Eastern Virginia in Alexandria that it has “no rights” to the “Simply Prepaid” trademark and that T-Mobile has “priority” over its use. T-Mobile successfully argued at trial that Simply Wireless’s failure to use the Simply Prepaid mark in commerce “was continuous for at least three years” before filing its lawsuit and it therefore “abandoned” any rights it may have owned.