Springfield based Prime, Inc. is suing Amazon claiming that “Amazon Prime” is trademark infringement.
Prime is objecting to Amazon’s use of the word “prime” on tractor-trailers. They claim that Amazon’s use of the word is causing the trucking company to lose money.
The lawsuit, filed in U.S. federal court, also claims that Amazon defrauded the U.S. Patent and Trademark Office in its 2005 application to use “Prime.” Amazon claimed Prime was an “expedited shipping service for others” but Prime, Inc. claims Amazon did not actually transport any goods until 2015.
Prime applied twice for a trademark of “Prime, Inc.” to cover shipping services and was rejected by the patent office because of Amazon’s “Prime” mark. Prime says that because they had been using “Prime, Inc.” in their business since 1980, they should be issued the mark because they have a track record with it.
The suit wants Amazon’s trademark cancelled, relief, damages and attorney’s fees.