T-Mobile Win Axed by 4th Cir. in ‘Simply Prepaid’ Trademark Suit

T-Mobile USA Inc. must face trial on allegations it infringed a common law “Simply Prepaid” trademark after the Fourth Circuit reversed a lower court in a precedential decision Tuesday.

Virginia-based Simply Wireless Inc. raised enough factual disputes regarding its alleged abandonment of its mark that its lawsuit should have survived summary judgment, the US Court of Appeals for the Fourth Circuit said. While it didn’t make sales under the “Simply Prepaid” mark from the start of 2009 through 2011, it presented enough evidence it intended to resume use—including the fact that in 2012 it did—to get to a jury.

The ...