HP and Wex Resolve Trademark Dispute Over "Wex" Software Branding

HP Inc and Wex Inc have reached a settlement in their trademark dispute, as reported to a Maine federal court on September 24, 2024. The conflict arose from HP's alleged misuse of the "Wex" name for its software branding.

Wex Inc, established in 1983 as Wright Express Corporation, provides software solutions for corporate payments, vehicle fleet management, and employee benefit plan administration. The company, headquartered in Portland, Maine, rebranded itself as Wex in 2012. With a global presence in over 10 countries, Wex has grown to employ more than 5,000 individuals and reported revenue of approximately $2.35 billion in 2023.

In March 2024, HP Inc, the Palo Alto, California-based technology giant, introduced its "HP Wex" information technology platform, described as a "Workforce Experience Platform." This announcement prompted Wex Inc to file a lawsuit in April 2024, arguing that HP's use of the "Wex" name would lead to consumer confusion.

U.S. District Judge John Woodcock sided with Wex in July 2024, granting a temporary injunction to prevent HP from using the "Wex" name throughout the duration of the case. The judge's decision was based on several factors, including product similarity, shared marketing terminology, the strength of Wex's trademarks, and evidence of actual confusion among consumers.

HP Inc, founded in 1939 as Hewlett-Packard Company, has a long history of innovation in the technology sector. The company, which split from Hewlett Packard Enterprise in 2015, is one of the world's largest manufacturers of personal computers and printers. Under the leadership of CEO Enrique Lores since 2019, HP generated approximately $53 billion in revenue in 2023.

Following the court's decision, HP has rebranded its software platform as a "digital employee experience (DEX) solution" on its website. This change reflects the company's commitment to resolving the trademark issue while continuing to offer its workforce management software.

The settlement between HP and Wex marks the resolution of a significant intellectual property dispute in the technology sector. Both companies have demonstrated their ability to navigate complex legal challenges while maintaining their focus on innovation and customer service.

Wex Inc, led by CEO Melissa Smith since 2014, has continued to expand its services through strategic acquisitions. The company's fleet solutions now serve over 15 million vehicles globally, processing billions of transactions annually across its various platforms. Wex has also gained recognition for its corporate culture, earning a place on Fortune's 100 Best Companies to Work For list.

Meanwhile, HP Inc has been actively pursuing sustainability initiatives, committing to increasing recycled content in its products to reduce environmental impact. The company has also maintained a strong presence in the gaming PC market with its Omen brand, showcasing its ability to adapt to changing consumer demands.

As both companies move forward from this legal dispute, they continue to focus on their respective strengths in the technology and financial services sectors. The resolution of this trademark issue allows HP and Wex to redirect their energies towards innovation and growth in their respective fields.

"The products are similar, the parties use the same marketing terms to promote the products, the plaintiff's marks are strong, and the plaintiff has put forth convincing evidence of actual confusion."

This case, known as Wex Inc v. HP Inc, U.S. District Court for the District of Maine, No. 2:24-cv-00121, was represented by David Bernstein, Megan Bannigan, and Christopher Ford of Debevoise & Plimpton for Wex, and Eric Ball and Kimberly Culp of Fenwick & West for HP.