WEX Inc. Secures Preliminary Injunction Against HP
July 10 2024 - 12:10PM
Business Wire
WEX (NYSE: WEX), the global commerce platform that simplifies
the business of running a business, has obtained a preliminary
injunction to stop the infringing conduct of HP Inc. and
Hewlett-Packard Development Company, L.P. (collectively, “HP”) and
to protect the WEX brand.
Despite WEX’s decades of use of the WEX name, in March 2024, HP
announced the launch of its own "WEX," a misappropriation of WEX's
trademarks. WEX filed a federal lawsuit against HP on April 11,
2024, and moved for a preliminary injunction one day later. After
hearing argument by the parties on July 1, 2024, Judge John A.
Woodcock, Jr. of the United States District Court for the District
of Maine issued an opinion on July 9, 2024 granting in full the
preliminary injunction against HP that WEX requested.
As the Court held in ruling that WEX was likely to succeed on
the merits of its claim that HP’s conduct infringed WEX’s
trademarks, “the evidence favoring WEX is overwhelming.”
"We are pleased that the Court recognized that HP’s use of the
'WEX' name would inevitably cause confusion in the marketplace, and
put a stop to HP’s infringing conduct,” said Sara Trickett, Chief
Legal Officer at WEX. “WEX is committed to protecting the WEX brand
and our customers from the confusion caused by HP’s actions. We
look forward to obtaining a permanent injunction at trial.”
The opinion granting a preliminary injunction can be viewed
here.
WEX Inc. is represented by Megan Bannigan, David Bernstein,
Christopher Ford, Nicole Flores, and Kendra Berry of Debevoise
& Plimpton LLP and Gavin McCarthy and Nolan Reichl of Pierce
Atwood LLP.
About WEX
WEX (NYSE: WEX) is the global commerce platform that simplifies
the business of running a business. WEX has created a powerful
ecosystem that offers seamlessly embedded, personalized solutions
for its customers around the world. Through its rich data and
specialized expertise in simplifying benefits, reimagining
mobility, and paying and getting paid, WEX aims to make it easy for
companies to overcome complexity and reach their full potential.
For more information, please visit www.wexinc.com.
Forward-Looking Statements
This press release contains forward-looking statements
including, but not limited to, statements concerning the status of
the aforementioned litigation and our ability to protect our
intellectual property rights. Any statements in this press release
that are not statements of historical facts are forward-looking
statements. When used in this press release, the words
"anticipate," "believe," "continue," "could," "estimate," "expect,"
"intend," "may," "plan," "project," "will," "positions,"
"confidence," and similar expressions are intended to identify
forward-looking statements, although not all forward-looking
statements contain such words. These forward-looking statements are
based on assumptions that we have made as of the date hereof and
are subject to known and unknown risks and uncertainties that could
cause actual results, conditions, and events to differ materially
from those anticipated. For example, there can be no assurance as
to the ultimate outcome of the aforementioned litigation, or
remedies that could be awarded in connection with said litigation,
including whether the court will issue a permanent injunction in
WEX’s favor or whether HP will be successful on any appeal; our
ability to establish or maintain our intellectual property and
other proprietary rights; our business, IP, or legal strategies.
Therefore, you should not place undue reliance on forward-looking
statements. Other risks and uncertainties identified in Item 1A of
WEX's Annual Report on Form 10-K for the year ended December 31,
2023, filed with the Securities and Exchange Commission on February
23, 2024, and subsequent filings with the Securities and Exchange
Commission may also affect our forward-looking statements. WEX
disclaims any obligation to update any forward-looking statements
as a result of new information, future events, or otherwise.
View source
version on businesswire.com: https://www.businesswire.com/news/home/20240710278411/en/
News media contact: WEX Julie Lydon, 415-816-9397
Julie.Lydon@wexinc.com
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