On Dec. 28, Seattle-based Summit Capital Group, LLC, and affiliated financial services companies filed suit in the Western District against the Boston-based Summit Partners, LP, venture capital firm, seeking a declaration of non-infringement and non-dilution of the defendant’s SUMMIT PARTNERS trademark.
The complaint states: “Plaintiffs or its affiliates have done business under the tradename SUMMIT CAPITAL PARTNERS since at least 1986. One or more of the Plaintiffs registered the tradename, SUMMIT CAPITAL PARTNERS, with the Washington State corporate registry in 1996 and has used that tradename continuously, without interruption, ever since.”
The complaint further states that defendant sent plaintiffs a letter in Sept. 2007 claiming that plaintiffs’ use of SUMMIT CAPITAL PARTNERS infringes upon and dilutes defendant’s rights in several trademarks and trade names. The letter, which plaintiffs attached to their complaint, specifies that defendant claims that SUMMIT CAPITAL PARTNERS is confusingly similar to defendant’s SUMMIT PARTNERS, SUMMIT CAPITAL PARTNERS, and SUMMIT PARTNERS VENTURE FUND names and marks.
Defendant’s letter claims a first-use date of 1984.
Defendant has not yet filed its answer.
The case cite is Summit Capital Group, LLC v. Summit Partners, LP, No. 07-2082 (W.D. Wash.).