Arkansas Trademark Infringement Lawsuit Filed Over the Phrase "Flexible Staffing"
A declaratory action alleging no trademark infringement was filed yesterday in the Western District of Arkansas. Flexible Staffing Services, Inc. v. Integro Employment Services, Inc., No. 08-5018 (W.D. Ark., filed 1/22/08).
Flexible Staffing Services (FSS) is a nationwide firm providing temporary staffing services. FSS operates in 10 states by setting up local affiliates that use variations of the FSS name. Integro offers a competing service in northwest Arkansas. Integro claimed trademark rights to "flexible staffing" and filed a state trademark infringement action against the FSS affiliate in northwest Arkansas (but did not sue FSS).
FSS filed this action to declare that the terms "flexible" and "staffing" are generic for the temporary staffing services industry. Because it is not a party to the state lawsuit, FSS claims the federal lawsuit is necessary to fully defend its rights.
