Final Judgment: PayCargo Awarded Over $15 Million In Case Against CargoSprint
Federal court rules PayCargo competitor conducted “willful, pervasive and relentless” infringement and awards more than $15 Million to PayCargo
Coral Gables, Florida, US, December 22, 2022
Logistics payments and data infrastructure platform PayCargo announced this week it has been awarded $15.1 million inclusive of attorneys’ fees, prejudgment interest, and costs in a trademark infringement and breach of contract lawsuit the company brought against CargoSprint and its founder/CEO Joshua Wolf.
The judge in the United States District of Florida issued her findings of facts and conclusions of law earlier this year on September 30, 2022, holding CargoSprint liable for “willful, pervasive and relentless” infringement of PayCargo’s federal trademarks and breach of contract. Last week, on December 15, 2022, the court entered a permanent injunction against CargoSprint enjoining them from using the PayAirCargo name in commerce, social media, and other contexts. A day later the court entered final judgment against CargoSprint awarding PayCargo $15,191,277.50, comprised of $11,591,277.50 in damages, $3,531,630.00 in attorneys’ fees and prejudgment interest, and $68,370.00 in costs. The parties had reached an agreement on the amount of attorneys’ fees, prejudgment interests, and costs earlier in the week.
In 2016, PayCargo reached a settlement agreement with Wolf and his company, PayAirCargo, to cease commercial use of the name and change it to CargoSprint. In 2019, PayCargo filed its federal civil suit because defendants continued to use the confusingly similar PayAirCargo name. In finding that Wolf and CargoSprint infringed on PayCargo’s trademarks and breached the agreement, the court explained: “Customers and vendors alike expressed confusion over whether the two competitors were a single entity.”
“We’re extremely gratified with the court’s decision,” said Eduardo Del Riego, PayCargo CEO. “As a company founded on the highest principles of honesty and transparency, we have taken very seriously this case of another business infringing on our trademarks and breaching our agreement. We’ve worked hard to build PayCargo’s reputation as the leader in the industry, so we owed it to our customers, employees, and business partners to defend it vigorously. Furthermore, the integrity of the industry needs to be protected to continuously advance and innovate.”
PayCargo was represented by Peter Prieto, Matthew Weinshall, and Alissa Del Riego of Miami-based Podhurst Orseck, Ann Fort of Atlanta-based Eversheds Sutherland, and Wayne Atkins of Miami-based Xander Law Group.
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Rob Duda – [email protected]