Simply Wireless' Opening Brief Due Jan. 17 in 4th Circuit Appeal

The opening brief is due Jan. 17 in the Simply Wireless trademark appeal against T-Mobile, said a briefing order Wednesday (docket 22-2211). T-Mobile's response brief is due Feb. 15, and a Simply Wireless optional reply is due within 21 days of service of the response brief, said the order. 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 (see 2211250016). T-Mobile successfully argued at trial that Simply Wireless’ 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.