T-Mobile Opposes Simply Wireless’ Dismissal Motion in Trademark Usage Dispute

On Monday, T-Mobile US Inc. contended that its complaint alleging the illegal use of its trademarks withstands motion to dismiss scrutiny. The case stemmed from Simply Wireless Inc.’s resale of T-Mobile products and its purported attempt to hold itself out to be an authorized distributor when it was not, according to the complaint.

T-Mobile made three arguments in favor of sustaining its Lanham Act and Washington Consumer Protection Act (WCPA) lawsuit. It first asserted that its federal trademark claim accrued within the statute of limitations. Simply Wireless provides no underlying legal authority for its time-bar arguments, the motion said. 

Secondarily, Simply Wireless allegedly relies on inadmissible materials outside the complaint to prove that T-Mobile knew about its time-sensitive claims, but did nothing. Even should the court consider those materials, they do not prove that T-Mobile impermissibly sat on its claims, the opposition said.

Next, T-Mobile argued that the doctrine of laches is inapposite. The wireless provider asserted that the equitable defense is grounded in fact and therefore impossible to resolve at the present stage.

Finally, T-Mobile alleged that its complaint sufficiently pleads Lanham Act and WCPA claims. For example, T-Mobile’s false designation claim adequately alleges that the defendants acts “are likely to mislead the trade and public into believing Simply Wireless’s products and services originate from, are affiliated with, or are sponsored, authorized, approved or sanctioned by T-Mobile.” Likewise, its WCPA claims are well-pleaded because the complaint established that Simply Wireless admitted misuse of the T-Mobile trademark and that it misrepresented itself as a T-Mobile partner.

Simply Wireless’ reply brief is due Aug. 13. T-Mobile is represented by Polsinelli P.C. and the defendant by Williams, Kastner & Gibbs PLLC and Cameron/McEvoy PLLC.