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Prime Inc.'s lawsuit took issue with Amazon's use of the word Prime for its subscription and delivery service.
SBJ file
Prime Inc.'s lawsuit took issue with Amazon's use of the word Prime for its subscription and delivery service.

Prime Inc. settles lawsuit with Amazon

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Springfield-based trucking company Prime Inc. reached a settlement in a lawsuit against Amazon.com Inc. (Nasdaq: AMZN).

The suit filed in 2019, which objected to the e-commerce giant's use of the word Prime for its subscription and delivery service, came to a close May 2, according to documents on file with the U.S. District Court for the Western District of Missouri Southern Division.

An order of dismissal with prejudice signed in May by Judge Douglas Harpool points to a "settlement agreement reached between the parties." Each party in the case was required to pay its own court costs and attorneys' fees, according to the order.

Reached via email this morning, Prime Inc. General Counsel Steve Crawford said the terms of the settlement are "all subject to a mutual confidentiality agreement."

The Springfield News-Leader was first to report on the settlement.

The litigation filed by Prime Inc. in July 2019 asked the court to grant “the greater of three times Amazon’s profits or three times any damages sustained by Prime Inc. on account of Amazon’s acts of infringement and unfair competition," according to past reporting. The suit alleged Amazon's use of the word Prime could confuse customers and cause "substantial and irreparable harm."

The trucking company claimed it has used the trademark since at least January 1980, well before Amazon was formed in 1994, followed by the creation of the Prime membership service in 2005.

The initial complaint filed by Prime Inc. in 2019 asked the court for "a preliminary and permanent injunction restraining Amazon, its officers, directors, principals, employees, agents, attorneys, representatives, affiliates and all persons in active concert or participation with one or more of them, from further use of the accused marks or any other mark that incorporates, is identical to or is otherwise confusingly similar to the Prime Inc. marks on or in connection with trailer trucks or other shipping or transportation vehicles."

Amazon continues to use the Prime logo on its website.

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