Cambridge’s HubSpot, a marketing and customer relations software company, accuses India’s Zoho of trademark infringement and dilution of its HUBSPOT and HUB family of marks, including HUBSPOT MARKETING HUB (the sole mark on which it has registration) and MARKETING HUB, which HubSpot alleges to have used since 2017. HubSpot asserts that Zoho’s use of the term “ZOHO MARKETINGHUB” on similar products through similar channels, infringes these marks. Zoho announced in January 2019 that it was rebranding its products with that mark. HubSpot asserts that Zoho continued with the use of this mark despite receiving cease and desist communications, making the infringement willful. In addition to the federal trademark infringement and dilution claims, HubSpot alleges false designation of origin, common law trademark infringement and violation of 93A, although it is difficult to see how Zoho’s acts occurred primarily and substantially in Massachusetts to sustain the 93A claim.
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