SIMPLY WIRELESS, INC. v. T-MOBILE US, INC.

No. 22-2211, No. 22-2236.

115 F.4th 266 (2024)

SIMPLY WIRELESS, INC., Plaintiff-Appellant, v. T-MOBILE US, INC., f/k/a T-Mobile USA, Inc.; T-Mobile USA, Inc., Defendants-Appellees. Simply Wireless, Inc., Plaintiff-Appellant, v. T-Mobile US, Inc., f/k/a T-Mobile USA, Inc.; T-Mobile USA, Inc., Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided: August 13, 2024.


Attorney(s) appearing for the Case

ARGUED: Robert Litowitz, KELLY IP, LLP, Washington, D.C., for Appellant. Joseph J. Mueller, WILMERHALE LLP, Boston, Massachusetts, for Appellees. ON BRIEF: Sean Patrick Roche, CAMERON/McEVOY, PLLC, Fairfax, Virginia; David Michael Kelly, Saul Cohen, Shelby McGowan, KELLY IP, LLP, Washington, D.C.; John R. Gerstein, Gabriela Richeimer, CLYDE & CO US LLP, Washington, D.C., for Appellant. Brittany Blueitt Amadi, Joss Berteaud, Washington, D.C., Gideon A. Hanft, New York, New York, Michaela P. Sewall, WILMER CUTLER PICKERING HALE AND DORR LLP, Boston, Massachusetts, for Appellees.

Vacated and remanded by published opinion. Judge King wrote the majority opinion, in which Chief Judge Diaz joined. Judge Rushing wrote an opinion concurring in the judgment.


Plaintiff Simply Wireless, Inc. is a Virginia telecommunications company headquartered in McLean, Virginia, within Fairfax County of the Old Dominion. Simply Wireless has operated for about 27 years and has used multiple trademarks, including the trademark SIMPLY WIRELESS. In 2021, Simply Wireless initiated this civil action...

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