TAMPA, FL, MAY 18, 2007 – Pegasus® Imaging Corporation, the leading provider of digital image compression technology, today claims Intel® Corporation unlawfully infringed on its registered trademark causing confusion in the marketplace and taking business from a smaller company.
Pegasus Imaging discovered Intel set up a Google AdWord campaign using its registered mark “Pegasus” in connection with its company name, “Pegasus Imaging,” as not only a search phrase, but also the headline of the ad. The ad linked to Intel’s own web pages selling Intel® Integrated Performance Primitives (IPP) that are in direct competition with Pegasus Imaging’s PICTools™ image compression and decompression libraries. The two companies base their products on entirely separate code bases and are not associated.
Pegasus Imaging claims Intel intentionally infringed Pegasus’ trademark, causing confusion in the marketplace. The use of Pegasus Imaging’s mark suggested sponsorship or endorsement by Pegasus Imaging, which was not received, and likely confused consumers into believing there is an association between Intel and Pegasus Imaging.
“I was fiercely disappointed to learn Intel was intentionally using Pegasus Imaging’s registered mark to promote its own image compression technology, with the result of misappropriating image compression sales from Pegasus. From the ad, it appeared that Intel had acquired Pegasus Imaging,” says Jack Berlin, president of Pegasus Imaging. “We support Intel by optimizing image compression code for their processors, but our code is not based on their libraries. It was very upsetting that Intel caused confusion in the marketplace by making it appear that our libraries were associated with theirs but in fact, we compete. Business is hard enough without this type of behavior by such a dominant player in the PC arena.”
Upon request by Pegasus Imaging’s legal counsel, Intel did cease and desist illegal use of the registered mark “Pegasus” as a Google AdWord but has not complied with Pegasus Imaging’s demand that Intel provide an accounting of traffic generated by the Google AdWords campaign using the Mark. Pegasus Imaging claims unspecified damages as a result of this infringement and is now forced to consider its recourse options, including further legal action.
Pegasus Imaging is owner of the registered United States Federal trademarks “Pegasus” (typed drawing and design), Registration Nos. 3155452 and 3155453 in International Class 9.
Pegasus and the Pegasus logo are registered trademarks of Pegasus Imaging Corporation in the United States and/or other countries. All other marks are the property of their respective owner(s) in the United Sates and/or other countries.
Founded in 1991 and headquartered in Tampa, Florida, Pegasus Imaging Corporation delivers digital imaging software development components, image compression and image editing technologies. The company exceeds speed and quality requirements for document imaging, forms processing, medical imaging, color/photo imaging, video applications and more. Technology is delivered as Microsoft .NET controls, COM controls, DLLs and applications. Multiple platforms are supported, including Windows, Linux, Solaris, IBM AIX and Mac OS X.