IN THE UNITED STATES DISTRICT COURT 

FOR THE NORTHERN DISTRICT OF ILLINOIS 

EASTERN DIVISION

QTOPIA INCORPORATED d/b/a 

CHI NETWORKS, Civil Action No.: 12-cv-2546 

 Plaintiff, 

v. 

 

TREND MICRO INCORPORATED, Jury Trial Demanded

 Defendant. 

COMPLAINT

 Plaintiff Qtopia Incorporated (“Qtopia”), through undersigned counsel, brings this 

complaint to redress Defendant Trend Micro Incorporated’s (“Trend Micro”) deliberate 

and continued acts of trademark infringement, unfair competition, false designation of 

origin, and unfair and deceptive trade practices and acts under the Lanham Act, 15 U.S.C. 

§ 1051, et seq. and the Illinois Deceptive Trade Practices Act, 815 ILCS 510/1, et seq., as 

set forth herein. 

JURISDICTION AND VENUE

 1. This Court has subject matter jurisdiction over Qtopia’s claims for 

trademark infringement and unfair competition pursuant to 15 U.S.C. § 1121 and 28 

U.S.C. §§ 1331 and 1338(a) because these claims arise under the Lanham Act, 15 U.S.C. 

§ 1051, et seq. This Court has subject matter jurisdiction over Qtopia’s related state law 

claims pursuant to 28 U.S.C. §§ 1338(b) and 1367. 

 2. This Court has personal jurisdiction over Trend Micro because upon 

information and belief, Trend Micro routinely conducts, solicits, advertises, and/or 

transacts business within this judicial district and elsewhere in Illinois, derives substantial 

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revenue from the sale, distribution and/or manufacture of goods or services within this 

judicial district and elsewhere in Illinois, and/or has otherwise made or established 

constitutionally sufficient contacts in this judicial district to permit this Court’s exercise 

of personal jurisdiction. 

 3. Venue is proper in this Court pursuant to 28 U.S.C. § 1391(b) and because 

a substantial part of the events giving rise to the claims in this action occurred in this 

judicial district. 

PARTIES

 4. Qtopia is an Illinois corporation with its principle place of business at 619 

South LaSalle Street, Chicago, Illinois 60605. 

 5. Trend Micro is a California corporation with its principal place of business 

at 10101 North DeAnza Boulevard, Cupertino, California 95014. 

FACTS COMMON TO ALL CLAIMS FOR RELIEF

THE DATA ARMOR® MARK 

 6. Qtopia has provided information technology solutions since 1995. Qtopia 

works collaboratively with more than 200 customers throughout the United States to 

safeguard their data, digital devices, networks, and communications systems. 

 7. Since at least as early as 2001, Qtopia has offered its DATA ARMOR 

security suite of solutions and services to others. Qtopia has served diverse organizations 

across the United States through its DATA ARMOR brand, including government 

agencies, financial institutions, consumer retailers, and law firms. 

 8. Qtopia’s DATA ARMOR suite has a wide range of capabilities that can be 

customized to meet a variety of business needs. The DATA ARMOR suite also 

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integrates seamlessly with the platforms, products and services furnished to customers by 

other information technology vendors including, on information and belief, those 

provided by Trend Micro. 

 9. Qtopia is the owner of all right, title, and interest in and to the DATA 

ARMOR mark, including without limitation U.S. Trademark Registration Nos. 3,025,605 

and 3,025,606 for DATA ARMOR, which have each attained status as “incontestable” 

registrations pursuant to 15 U.S.C. § 1065. Registration No. 3,025,605 was granted for 

“application hosting services for others; computer infrastructure analysis, design, 

maintenance and support services for others, namely, monitoring of computer software, 

hardware, networks and systems for back-up, disaster recovery, performance and security 

purposes; computer diagnostic advice and technical support, namely, troubleshooting of 

computer software, hardware, network and system problems; computer software 

programming for others; consulting services in the field of analysis, design, selection, 

implementation and use of computer hardware, software, networks and systems” in 

International Class 42. Registration No. 3,025,606 was granted for “business 

management and consulting services in the field of providing business and business 

technology solutions for others” in International Class 35. True and accurate copies of 

the DATA ARMOR Registrations are attached hereto as Exhibit 1 and Exhibit 2. 

 10. At all times relevant to this action, Qtopia has had the right to use the 

DATA ARMOR mark and all associated goodwill. 

 11. Qtopia has invested substantial amounts of time and money to advertise, 

market, and promote its goods and/or services under the DATA ARMOR mark. 

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 12. The DATA ARMOR mark has inherent appeal in the information 

technology industry, and it is a strong and distinctive mark that has been used by Qtopia 

in interstate commerce extensively and continuously as an indication of source for its 

goods and/or services. As a result of Qtopia’s extensive use and promotion of the DATA 

ARMOR mark, Qtopia has built a valuable reputation and substantial goodwill that is 

symbolized by this mark. The purchasing public has come to recognize and associate the 

DATA ARMOR mark exclusively with Qtopia, and treats them as synonymous. 

 13. The U.S. Patent and Trademark Office has recognized that Qtopia’s 

DATA ARMOR mark is entitled to a broad scope of protection in the information 

technology industry. The Office has cited Qtopia’s U.S. Registration No. 3,025,605 as 

the basis for refusing to permit Infoassure.Com Inc. to register DATAARMOR with 

“computer software tools for controling (sic) the access to and use of digital objects and 

digital data” in International Class 9. The Office determined that, although Qtopia’s 

federal registration is nominally in International Class 42, the Lanham Act prohibits 

registration of DATAARMOR for the applicant’s wares in International Class 9 

“[b]ecause the use of identical marks in connection with related goods and services 

creates a likelihood of confusion.” A true and accurate copy of this refusal is attached 

hereto as Exhibit 3. 

TREND MICRO’S INFRINGING AND UNLAWFUL ACTIVITIES 

 14. Upon information and belief, and according to Trend Micro’s own 

website, Trend Micro “develops Internet content security and threat management 

solutions that make the world safe for businesses and consumers to exchange digital 

information. With more than 20 years of experience, [Trend Micro is] recognized as the 

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market leader in server security for delivering top-ranked client, server, and cloud-based 

security solutions that stop threats faster and protect data in physical, virtualized, and 

cloud environments.” Trend Micro also promotes on its website that it services “48 of 

the top 50 global corporations, 10 of the top 10 automotive companies, 10 of the top 10 

telecom companies and 8 of the top 10 banks.” 

 15. Upon information and belief, in or around February 2011, Trend Micro 

began using the DATA ARMOR mark in connection with Trend Micro’s proprietary 

suite of information technology security goods and/or services. 

 16. Upon information and belief, Trend Micro has sold subscriptions to 

DATA ARMOR security goods and/or services through its authorized channel resellers, 

including through CDW of Vernon Hills, Illinois, within this judicial district. 

 17. Upon information and belief, Qtopia and Trend Micro are direct 

competitors, provide goods and/or services to the same or similar customers within the 

same or similar channels of trade, and market, advertise and promote their respective 

products to the same potential customers, including each company’s goods and/or 

services offered under DATA ARMOR. 

 18. Trend Micro began using the DATA ARMOR mark in connection with its 

products without Qtopia’s permission, approval, or authorization. 

 19. By letter dated October 5, 2011, Trend Micro has been on notice of, 

among other things, Trend Micro’s infringing use of the DATA ARMOR mark, and 

Trend Micro has refused to cease such conduct. 

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 20. Qtopia has used the DATA ARMOR mark extensively and continuously 

and long before Trend Micro began selling, offering for sale, distributing, marketing, 

promoting, or advertising goods and/or services under the DATA ARMOR mark. 

 21. Qtopia is not related to, affiliated with, sponsored by, endorsed by, or 

otherwise connected in any way with Trend Micro. Qtopia has not authorized or 

approved any use by Trend Micro of the DATA ARMOR mark. 

 22. As detailed herein, and given the marks at issue are materially identical in 

sight, sound, and meaning, used in connection with similar or related goods and/or 

services, used in the same or similar channels of trade, Trend Micro’s use of the DATA 

ARMOR mark is likely to cause mistake or confusion among consumers, or to deceive 

consumers, by causing them to believe that the source of Trend Micro’s goods and/or 

services under the DATA ARMOR mark is Qtopia, and/or that Trend Micro is related to, 

associated with, sponsored by, endorsed by, or otherwise affiliated or connected with 

Qtopia, which is not true. 

 23. Upon information and belief, Trend Micro has acted with full knowledge 

of Qtopia’s prior ownership of, rights in, and use of the DATA ARMOR mark. 

 24. Upon information and belief, Trend Micro has willfully used, and 

continues to use, the DATA ARMOR mark with the intent to confuse, mislead, and 

deceive relevant consumers and the public, and unfairly trade on the substantial and 

valuable goodwill associated with Qtopia’s DATA ARMOR mark, without Qtopia’s 

authorization or consent. 

 25. Trend Micro’s use of the DATA ARMOR mark is causing and will 

continue to cause irreparable harm to Qtopia. 

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FIRST CAUSE OF ACTION

UNFAIR COMPETITION AND FALSE DESIGNATION OF ORIGIN 

(Lanham Act, 15 U.S.C. § 1125(a))

 26. Qtopia repeats and incorporates by reference the allegations contained in 

paragraphs 1 through 25 above as if set forth herein. 

 27. Trend Micro’s use of the DATA ARMOR mark in connection with the 

sale, offering for sale, distribution, or advertising of or in connection with, its goods and 

services is likely to cause confusion, or to cause mistake, or to deceive as to the 

affiliation, connection, association, origin, sponsorship, or approval of Trend Micro’s 

goods, services or commercial activities by Qtopia. 

 28. Trend Micro has used, and continues to use, the DATA ARMOR mark in 

violation of Section 43 of the Lanham Act, 15 U.S.C. § 1125(a), and Trend Micro’s 

activities have caused and, unless enjoined by this Court, will continue to cause a 

likelihood of confusion and public deception in the marketplace, and serious and 

substantial injury to Qtopia’s business, goodwill, and reputation as symbolized by the 

DATA ARMOR mark, for which Qtopia has no adequate remedy at law. 

 29. Trend Micro’s actions demonstrate a deliberate and willful intent to trade 

on the goodwill associated with the DATA ARMOR mark, thereby causing immediate, 

substantial and irreparable injury to Qtopia. 

 30. As the direct and proximate result of Trend Micro’s actions, Trend Micro 

has caused, and is likely to continue causing, substantial injury to the public and to 

Qtopia, and Qtopia is entitled to injunctive relief, and to recover Trend Micro’s profits, 

actual damages, enhanced damages, reasonable attorneys’ fees and costs, and an order for 

impoundment and destruction pursuant to 15 U.S.C. §§ 1116, 1117, 1118 and 1125. 

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SECOND CAUSE OF ACTION

FEDERAL TRADEMARK INFRINGEMENT 

(Lanham Act, 15 U.S.C. § 1114)

 31. Qtopia repeats and incorporates by reference the allegations contained in 

paragraphs 1 through 30 above as if set forth herein. 

 32. Trend Micro’s use of the DATA ARMOR mark in connection with the 

sale, offering for sale, distribution, or advertising of or in connection with, its goods and 

services is likely to cause confusion, or to cause mistake, or to deceive, by creating the 

false impression that Trend Micro’s goods or services are affiliated, associated, or 

connected with Qtopia, or are sponsored, endorsed or approved by Qtopia. 

 33. Trend Micro has used, and continues to use, the federally registered 

DATA ARMOR mark in violation of Section 32 of the Lanham Act, 15 U.S.C. § 1114, 

and Trend Micro’s activities have caused and, unless enjoined by this Court, will 

continue to cause a likelihood of confusion and public deception in the marketplace, and 

serious and substantial injury to Qtopia’s business, goodwill, and reputation as 

symbolized by the DATA ARMOR mark, for which Qtopia has no adequate remedy at 

law. 

 34. Trend Micro’s actions demonstrate a deliberate and willful intent to trade 

on the goodwill associated with the DATA ARMOR mark, thereby causing immediate, 

substantial and irreparable injury to Qtopia. 

 35. Qtopia has caused, and is likely to continue causing, substantial injury to 

the public and to Qtopia, and Qtopia is entitled to injunctive relief, and to recover Trend 

Micro’s profits, actual damages, enhanced damages, reasonable attorneys’ fees and costs, 

pursuant to 15 U.S.C. §§ 1114, 1116, and 1117. 

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THIRD CAUSE OF ACTION

UNFAIR AND DECEPTIVE TRADE PRACTICES 

(Illinois Deceptive Trade Practices Act, 815 ILCS 510/1, et seq.)

 36. Qtopia repeats and incorporates by reference the allegations contained in 

paragraphs 1 through 35 above as if set forth herein. 

 37. Trend Micro’s use of the DATA ARMOR mark in connection with the 

sale, offering for sale, distribution, or advertising of or in connection with, its goods and 

services has caused, and continues to cause, a likelihood of confusion or of 

misunderstanding as to the source, sponsorship, approval, or certification of its goods and 

services. 

 38. Trend Micro’s use of the DATA ARMOR mark in connection with the 

sale, offering for sale, distribution, or advertising of or in connection with, its goods and 

services has caused, and continues to cause, a likelihood of confusion or of 

misunderstanding as to affiliation, connection, or association with or certification by 

Qtopia. 

 39. Upon information and belief, Trend Micro’s conduct complained of herein 

has been, and continues to be, willful. 

 40. Trend Micro’s conduct complained of herein constitutes unfair and 

deceptive trade practices in violation of 815 ILCS 510/1 et seq., and Trend Micro’s 

conduct has caused and, unless enjoined by this Court, will continue to cause a likelihood 

of confusion or of misunderstanding, and serious and substantial injury to Qtopia’s 

business, goodwill, and reputation as symbolized by the DATA ARMOR mark, for which 

Qtopia has no adequate remedy at law. 

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 41. As a direct and proximate result of Trend Micro’s conduct complained of 

herein, Trend Micro has caused, and is likely to continue causing, serious and substantial 

injury to Qtopia, and Qtopia is entitled to injunctive relief and all other available 

remedies, including without limitation attorneys’ fees and costs, pursuant to 815 ILCS 

510/1 et seq. 

DEMAND FOR RELIEF

WHEREFORE, Qtopia respectfully requests that the Court: 

(1) Enter judgment that Trend Micro has engaged in unfair competition and 

 false designation of origin pursuant to the Lanham Act, 15 U.S.C. § 

 1125(a); 

 (2) Enter judgment that Trend Micro has engaged in federal trademark 

 infringement pursuant to the Lanham Act, 15 U.S.C. § 1114; 

 (3) Enter judgment that Trend Micro has engaged in unfair and deceptive acts 

 or practices pursuant to the Illinois Deceptive Trade Practices Act, 815 

 ILCS 510/1, et seq.; 

 (4) Order that Trend Micro and each of its agents, officers, employees, 

 representatives, retail channel partners, successors, assigns, attorneys and 

 all other persons acting for, Trend Micro, or in concert or participation 

 with Trend Micro, be preliminarily and permanently enjoined from: 

 (a) Using the DATA ARMOR mark or any other confusingly similar 

 copy, reproduction or colorable imitation on or in connection with 

 its business or any of its goods or services, including without 

 limitation on or in connection with its software and services; 

 (b) Using any trademark, service mark, name, logo, design or source 

 designation of any kind on or in connection with its business or 

 any good or service that is a confusingly similar copy, 

 reproduction or colorable imitation of the DATA ARMOR mark, 

 including without limitation on or in connection with software and 

 services; 

 (c) Using any trademark, service mark, name, logo, design or source 

 designation of any kind or in connection with its business or any 

 goods or services that is likely to cause confusion, or to cause 

 mistake, or to deceive or public misunderstanding that such goods 

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 or services are produced or provided by Qtopia, or are sponsored, 

 endorsed, or authorized by Qtopia, or are in any way connected 

 or related to Qtopia; or 

 (d) Engaging in any acts of deceptive trade practices, as alleged 

 herein; 

 (5) Order that Trend Micro file with the Court and serve on Qtopia’s counsel 

 within thirty (30) days after issuance of any injunction, or within such 

 reasonable time as the Court may direct, a report in writing and under 

 oath, setting forth in detail the manner and form in which Trend Micro has 

 complied with any injunctions; 

 (6) Order that Trend Micro recall and destroy all goods and services, and 

 other documents or materials prepared in connection therewith, bearing 

 the DATA ARMOR mark or any confusingly similar marks, which may 

 have been used by Trend Micro or under Trend Micro’s authority; 

 (7) Order that Trend Micro deliver up for impoundment and for destruction all 

 signs, packages, receptacles, advertising, promotional or marketing 

 material, product packaging, catalogs, Internet websites or other material 

 in the possession, custody or control of Trend Micro that are found to 

 adopt or infringe the DATA ARMOR mark or that otherwise constitute 

 false designation of origin or unfair competition with Qtopia and its 

 products and services; 

 (8) Compel Trend Micro to account to Qtopia for any and all profits derived 

 by Trend Micro’s infringing activities as described herein; 

 (9) Award Qtopia all damages caused by the acts forming the basis of this 

 Complaint, including without limitation Trend Micro’s profits and 

 Qtopia’s actual damages and/or a license fee or reasonable royalty; 

 (10) Based on Trend Micro’s knowing, intentional, and willful use of the 

 DATA ARMOR mark and other conduct complained of herein, award 

 treble and/or enhanced damages and/or profits, and punitive damages to 

 the fullest extent permitted by law and equity, as provided for by 15 

 U.S.C. § 1117(a), 815 ILCS 510/3, and/or other applicable law; 

 (11) Award Qtopia prejudgment and post-judgment interest, as provided for 

 by 15 U.S.C. § 1117(b) and other applicable law; 

 (12) Award Qtopia the costs of this action and its reasonable attorneys’ fees 

 pursuant to 15 U.S.C. § 1117(a), 815 ILCS 510/3, and/or other applicable 

 law; and 

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 (13) Order all such other and further relief to Qtopia as the Court may deem 

 just and equitable. 

JURY TRIAL DEMANDED 

 Qtopia respectfully demands a trial by jury on all claims and issues so triable. 

Dated: April 6, 2012 Respectfully submitted, 

 By: /s/D. James Nahikian___________ 

 D. James Nahikian (IL 6237746) 

 jnahikian@nahikianglobal.com 

 NAHIKIAN GLOBAL 

 Intellectual Property & Technology 

 Law Group 

 1636 North Wells Street, Suite 415 

 Chicago, Illinois 60614-6009 

 (312) 399-3099 

 Attorney for Qtopia Incorporated 

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