The motion is in response to an earlier lawsuit against Brady filed by Intterra, which seeks a declaration that Intterra is not infringing, along with injunctive relief and attorneys’ fees and costs against both the company and Brady personally.<\/p>\n
Brady’s motion argues the opposite, saying Intterra’s own complaint<\/a> acknowledges its prior knowledge of Brady’s app and brand and its unsuccessful efforts to acquire them before adopting Aware-branded products.<\/p>\n Brady’s attorney, Rachael Lamkin of global law firm Baker Botts, said the new filing does not seek to stop wildfire information from reaching the public. Instead, Lamkin said, Brady wants Intterra blocked only from launching under branding her side says belongs to Wildfire Aware.<\/p>\n “She doesn’t want to stop another app that will warn people and help people,” Lamkin said. “She just wants them to release that app under a name that’s not hers.”<\/p>\n Lamkin also said Intterra’s own complaint shows the company was already familiar with Brady and her work.<\/p>\n “Intterra actually met with Racheal Brady. Tried to buy her application. Tried to buy her brand, tried to hire her. She declined,” Lamkin said. “And after Rachel declined to sell them her intellectual property and go work for them, they just, in our view, took her brand.”<\/p>\n The injunction motion argues that if Intterra launches AwareCA with CAL FIRE at a much larger scale, Brady’s smaller app could be swallowed up by what trademark law calls “reverse confusion,” where consumers assume the bigger company is the original source of the product or brand. The filing says that confusion could be especially harmful in wildfire emergencies, when people are looking for urgent public safety information and may not carefully distinguish between similarly branded apps.<\/p>\n MORE: Berkeley residents divided over fire prevention ordinance; no wooden structures within 5 ft of home<\/a><\/p>\n Legal experts say it can hurt the reputation of smaller app developers, which may come across as “copycats.”<\/p>\n At the same time, the motion says Brady is not trying to stop Intterra from developing or releasing a wildfire-warning app altogether, and is not trying to block the company from working with CAL FIRE. Instead, the motion asks the judge to stop Intterra from promoting and selling wildfire alert and emergency notification products under “AWARE-formative branding,” including AwareCA, while the case moves forward.<\/p>\n Intterra, in a statement to ABC7 Eyewitness News, said, “Intterra filed this action to obtain clarity from the court regarding the parties’ rights related to aware-formative branding, and we are confident in our legal position. Our focus remains on supporting public safety agencies and the communities they serve.”<\/p>\n MORE: San Bernardino Co. tests fighting fires with oxygen vibrations, sound waves instead of water<\/a><\/p>\n For Brady, the fight is about more than business.<\/p>\n “There’s plenty of ways to continue on the work that they’re doing,” Brady said. “I just, I prefer not to use my name.”<\/p>\n The injunction motion says Intterra publicly announced plans to launch its AWARE-branded app for public use on May 1, 2026.<\/p>\n A judge could decide to block the app’s release under the “Aware” name as early as next week.<\/p>\n
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