SimpliSafe, a company that sells home security products and services under registered SIMPLISAFE marks, sued Switchmate Home for trademark infringement, false designation of origin, unfair competition, and unfair business practices under both the Lanham Act and Ch. 93A. SimpliSafe asserts that Switchmate 2019s use of SIMPLYSMART, SIMPLYSMART HOME, SIMPLYSMART CUBE, and SIMPLYSMART HOME CUBE in connection with 201csmart 201d home technology such as light switches, power outlets, picture frames and doorbell video cameras infringes the SIMPLISAFE marks. SimpliSafe further asserts that the color scheme and font selected by Switchmate mirrors the font and gray and blue stylized SIMPLISAFE registration. According to the complaint, upon receiving notice from SimpliSafe of these issues, Switchmate not only refused to cease use of the marks, it introduced a line of home security products under the SIMPLYSMART mark. Switchmate also registered several of the SIMPLYSMART marks with the PTO. SimpliSafe points to both actual customer confusion and survey evidence of confusion. In addition to the affirmative claims, SimpliSafe seeks cancellation of Switchmate 2019s SIMPLYSMART HOME, SIMPLYSMART CUBE, and SIMPLYSMART HOME CUBE registrations.
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