TEKsystems Inc., a Maryland-based IT services company with over 100 offices and 20,000 employees, sued Hummingbird TekSystems Inc. for trademark infringement under the Lanham Act. TEKsystems has used its registered "TEKSYSTEMS" mark since 1997 in connection with IT services and computer project management. Hummingbird operated as "Hummingbird Technologies" from 2016 until April 2021, when it rebranded as "Hummingbird TekSystems" and incorporated under that name in Delaware.
Judge Jennifer L. Hall found all four elements for a permanent injunction were met, emphasizing that trademark infringement constitutes irreparable harm as a matter of law. "A permanent injunction is the usual and normal remedy once trademark infringement has been found in a final judgment," Hall wrote, citing Third Circuit precedent. The judge noted that TEKsystems couldn't quantify the damage to its reputation and goodwill, making monetary damages inadequate. Hall also found the public interest favored preventing consumer confusion.
TEKsystems filed suit in July 2025 and served Hummingbird in August, but the defendant never filed an answer despite the August 27 deadline. The court entered default against Hummingbird in October 2025 after TEKsystems sought clerk's entry of default. Hummingbird had no further communication with TEKsystems after being served with the complaint.
The permanent injunction bars Hummingbird and its affiliates from using "TekSystems" in connection with engineering, AI, technical advancement, project management, or software development services. The ruling reinforces the principle that trademark holders can obtain injunctive relief even against defaulting defendants when the four-factor eBay test is satisfied. The case highlights the importance of responding to trademark infringement claims to avoid default judgments.