Sprint Nextel Corporation v. Middle Man, Inc., The et al

Case Summary: 12-cv-02159-JTM

This is a case about trademark infringement and unfair competition in the cellphone business.

Sprint Nextel is alleging that Brian Vazquez, through The Middle Man website and Craigslist, is engaged in a conspiracy involving the unauthorized and deceptive bulk purchase and resale, in the United States and overseas, of Sprint wireless telephones. It alleges that Vazquez is using, without their knowledge, customer accounts it has through a consulting business, as well as “runners,” to purchase these phones in large numbers from retail outlets in Kansas. It then “unlocks” these phones so that they can be used on non-Sprint networks and sells them as new to unsuspecting customers. Furthermore, the Middle Man website is advertising new and used Sprint Phones for sale, using the Sprint name and trademark logo, without Sprint’s permission.

All of this amounts to the theft of Sprint’s subsidy investment in the Phones, the unlawful access of Sprint’s protected computer systems and wireless network, the trafficking of Sprint’s protected and confidential computer passwords, and the willful infringement of Sprint’s trademarks.

The video is of a 5 hour evidentiary hearing on Plaintiff’s Motion for Preliminary Injunction. Sprint Nextel is asking the court to enjoin The Middle Man from further sales of the phone. The Court ruled that Sprint had not established that it would be irreparably injured in absence of an injunction and, therefore, denied its Motion. The case continues.

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