Trademarkia sues Atom over its fresh trademark platform

Atom faces trademark infringement lawsuit just weeks following launching its trademark platform.

Domain name platform Atom is facing a trademark lawsuit over its fresh trademark service.

The firm launched Trademark.io last month, and now a rival and long-running platform alleges that its choice of name will cause confusion.

Trademarkia, a business that helps people file trademarks, filed the lawsuit (pdf).

The firm alleges that Atom’s choice of name for its service infringes its Trademarkia trademarks.

Shortly following the service launched, IP attorney John Berryhill noted there could be an issue.

Atom subsequently changed the name of its trademark platform from Trademark.io to Trademark by Atom.

Trademarkia alleges the firm has purchased other similar names, although that doesn’t seem to be true.

For example, it alleges that following launching the service, Atom purchased Trademark.ai for $39,000. It bases this on the domain name selling at Atom and pointing to a service that states it uses Trademark.io data. Still, the links on the site suggest it’s an AI agent created by Dharmesh Shah, co-founder of marketing tech firm HubSpot. The lawsuit specifically requests that trademark.ai be transferred to trademarkia.

Trademarkia also alleges that Atom purchased trademarkia.io in September 2023 since the nameservers for the domain pointed to its nameservers. While I cannot find the historical Whois record the firm cites in its lawsuit, and the domain apparently expired just days later, it’s possible that a seller using Atom’s platform owned the domain.