LOS ANGELES — MojoHost, a leading provider of hosting services, has filed a federal lawsuit against MageMojo, LLC in the United States Eastern District of Michigan Southern Division.
Corey Silverstein of Silverstein Legal filed the lawsuit on behalf of MojoHost. The firm has also filed a World Intellectual Property Organization (WIPO) dispute against MageMojo, LLC. Documents were not available as of press time.
The MojoHost trademark was issued on July 24, 2012. MojoHost has promoted its services as "MojoHost" since 2004.
MojoHost’s lawsuit alleges that MageMojo, LLC has been engaging in unauthorized use of the "Mojohost" trademark and that MageMojo, LLC "has provided, marketed, advertised, promoted, offered for sale, and sold its website hosting services under the Infringing Marks through its websites located at www.magemojo.com and www.mojohostmanager.com just like Plaintiff does through its website located at www.mojohost.com.”
The MojoHost trademark was issued on July 24, 2012. MojoHost has promoted its services as "MojoHost" since 2004.
"MojoHost has spent millions building our brand and goodwill as a superior hosting solution. We will not stand idly by while another company attempts to use our brand name to further their business," said Brad Mitchell, Founder and CEO of MojoHost. "MojoHost is dedicated to protecting the brand we know, love, and our clients are loyal to."
MageMojo, LLC, founded in 2009, specializes in online stores for various businesses that use the Magento platform. Magento is a leading e-commerce platform that has been used by major brands like Ford, Fox Connect and Nike.
Among many other similarities between the two companies’ services, MojoHost also provides individuals and businesses hosting services related to Magento online stores.
The lawsuit alleges that the "Mage” in “MageMojo” is merely descriptive of the Magento hosting services offered by that company.
“My client has directed me to aggressively pursue this matter and utilize all available legal remedies to ensure that its intellectual property is protected," said MojoHost's attorney, Corey D. Silverstein. "Given this is ongoing litigation I am unable to comment any further at this time.”
In reply to a cease-and-desist letter sent on behalf of MojoHost on Sept 6, 2018, MageMojo’s counsel responded that there is "no risk of confusion" because Defendant "exclusively host content in the Magento space" whereas Plaintiff "hosts primarily adult content."
The lawsuit does not just limit itself to the use of the term "mojohost" in the domain "mojohostmanager.com" owned and actively used by MageMojo. It also alleges that the use of the word "Mojo" in a competing hosting business is confusingly similar.
