A Long Island marketing firm called Spark451 is suing a Boston marketing firm called Agency 451 for trademark infringement.
In a lawsuit filed in US District Court in Boston, Spark451 says the name is just too similar and that the two firms travel in and market themselves to the same circle of potential customers.
Spark451 says Agency 451 is actually violating an agreement the two companies reached in an earlier legal tiff, when Agency 451 called itself 451 Marketing. Spark451 agreed to give up legal action against 451 Marketing in exchange for that company agreeing to never put the numeral 451 at the end of its name or any products.
But in April of last year, 451 Marketing rebranded itself as Agency 451, because the word "marketing" was too limiting.
Spark451 is asking a judge to order Agency 451 to knock it off, to give Spark451 all the profits Agency 451 has made since it changed its name, triple damages and attorney's fees.