Red Siege, LLC v. Red Sentry, LLC, Civil Action No. 1:22-cv-04661-LMM (N.D. Ga., Nov. 22, 2022)
Competing information security companies dispute the right to use the name Red Siege and Red Sentry for computer security consultancies. Red Siege, LLC, claims to have been continuously and exclusively using its registered mark in connection with computer consultancy services since at least 2017. The mark is used in commerce on its website, at security trade shows, and conferences. Red Sentry, LLC, has been using the allegedly infringing mark since 2021, when the company changed its name from “Offensive AI Holdings, LLC” to its current name.
According to the complaint, Red Sentry is a direct competitor purporting to sell identical services and causing confusion in the market. The complaint sites at least one third party who asserted at a trade convention that he believed the two companies were affiliated. Red Siege further contends that the Defendant was aware of the pre-existing mark yet purposefully assumed the name to compete, confuse, and trade off the goodwill and success of the original name-holder. As such, Red Siege alleges willful infringement and seeks damages, injunctive relief, and attorneys’ fees and costs.
Update: On November 30, Judge May denied Plaintiff Red Siege’s motion for an ex parte temporary restraining order (TRO), giving the Defendant Red Sentry an opportunity to appear and be heard on the merits of the case. A hearing for the Preliminary Injunction is set for December 19.
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