Justices Reject T-Mobile Bid to Thwart ‘Prepaid’ Trademark Suit

T-Mobile US Inc. won’t get to argue before the US Supreme Court that common law trademark rights require “continuous use,” ending its bid to reinstate a win over claims it infringed a “Simply Prepaid” trademark.

Virginia-based Simply Wireless had convinced the US Court of Appeals for the Fourth Circuit to revive its trademark claims over “Simply Prepaid” branding at T-Mobile retail stores. T-Mobile won summary judgment in 2022, but the appeals court found Simply Wireless raised enough factual disputes over its rights to get to trial.

T-Mobile’s petition said Simply Wireless barely used the mark in the five years prior ...