Court enters Preliminary Injunction against Proxalt for alleged infringement of Project Management Training Institute's and PMTI's trademarks and alleged unfair competition.
In response to a
complaint filed by Project Management Training Institute (PMTI) (
http://www.4PMTI.com ) in the Circuit Court for the county of Oakland, State of Michigan
against Proxalt, LLC (Proxalt, a management training institute), Giridhara ( Gary ) Rao, PMP, Tushar Patel, PMP, Kalaivani ( Vani ) Rao, PMP, Project Management Technical Institute, LLC for
alleged trademark infringement and unfair competition by causing confusing among the public and PMTI prospects, two court orders were issued on June 18, 2008, and July 9, 2008 respectfully.
In general, the June 18, 2008 order states:
Defendants and their agents, employees, affiliates, and subsidiaries are enjoined from use of PMTI and "Project Management Training Institute" in the following respects and in connection with:
1. websites
2. promotional materials, marketing
3. communication in any media
4. connection with any registrations, business, other organizations, and/or government units for attendance of project management courses
5. anyway that causes their websites to be linked to any internet search results
6. identifying their business, goods or services they provide
7. using them in emails and or embedding them in their websites in any manner
8. using 4PMTI in website URLs, website addresses and or/web pages for the purpose of advertising, offering for sale, and/or registered prospects, for such courses including but not limited to Proxalt LLC
On July 9, 2008 the Court entered a second Order for Preliminary Injunction. This order essentially brings Project Management Technical Institute LLC within the confines of the first order.
In its lawsuit, PMTI alleges that Project Management Technical Institute LLC (website www.pmpwashington.com) is a competing company, created by the defendants for the purpose of causing confusion among the public and prospective students and misleading them to believe that Project Management Technical Institute LLC is associated with Project Management Training Institute (PMTI)
http://www.4PMTI.com , which it is not. .
The July 9, 2008 order enjoins Project Management Technical Institute LLC in the following respects:
1. enjoined from offering sale of project management training courses;
2. enjoined from accepting any kind of remuneration for referring individuals
Enjoined from engaging in any business that competes with Project Management Training Institute (PMTI)under the name Project Management Technical Institute
3. enjoined from maintaining a website that advertises the sale of project management training courses
4. enjoined from engaging in marketing, advertising, and promotional activity to promote project management training courses
5. enjoined from soliciting individuals, businesses, or organizations on or behalf of any other project management training courses or providers including but not limited to Proxalt, LLC
6. enjoined from conducting any further business with Proxalt, LLC
7. enjoined from linking any of its webpages with Proxalt, LLC
8. enjoined from embedding PMTI or "Project Management Training Institute" on any of its websites or web pages and logos
9. enjoined from referencing PMTI or "Project Management Training Institute" in any of its marketing, advertising, and promotional efforts
10. enjoined from using 4PMTI or the trademarks of PMTI
After PMTI presented to the court what it believed was evidence that the defendants were in violation of these orders, the court entered a subsequent order that ordered defendants to immediately comply with the terms of the above listed Preliminary Injunction Order. The Preliminary Injunctions will remain in effect until such time as the court makes a ruling on the merits of PMTI's claims or until further order of the court.
Project Management Training Institute, PMTI (
www.4PMTI.com ) has built its reputation over several years of hard work and we strongly implore the visitors, students, and prospects of PMTI to carefully review the information provided by other organizations that you believe are misusing our name and contact us at (734) 786-0104 or
legal@4PMTI.com if you have questions and/or confusion. In particular, verify the authenticity of these organizations by contacting us.
Do you believe you may have been mistakenly directed to Proxalt or Project Management Technical Institute LLC or pmpwashington.com instead of Project Management Training Institute (PMTI) through internet search engines, by any promotional or marketing materials, and/or websites of Proxalt, LLC, Project Management Technical Institute LLC or pmpwashington.com ? If so, please get in touch with us at
legal@4PMTI.com . PMTI thanks your patronage and the trust you placed in our organization and look forward to providing a highly valued and respectful training that you have come to expect from us.