Plaintiff has been operating as “Oak Motors” since 1985, buying and selling automobiles and providing financial services related to the purchase and sale or automobiles. Plaintiff has five primary physical locations and also advertises via its website.
Defendant, a California company providing similar services, began operating as “Oak Motors” in February 2014. Plaintiff first learned of Defendant’s adoption of the name in March 2015 and sent a cease-and-desist letter citing its prior rights and federal registration. Defendant allegedly first agreed to discontinue use of the “Oak Motors” mark but did not follow through and continues to use the trademark (and similar domain names), hence this lawsuit.
Oak Motors, Inc. (Indiana) v. Oak Motors, Inc. (California)
Court Case Number: 1:16-cv-00595-JMS-MJD
File Date: March 16, 2016
Plaintiff: Oak Motors, Inc. (Indiana)
Plaintiff Counsel: Jonathan G. Polak, Zach Gordon of Taft Stettinius & Hollister LLP
Defendant: Oak Motors, Inc. (California)
Cause: False Designation of Origin, False Description, Common Law Trademark Infringement, Unfair Competition, Cybersquatting, Declaratory Judgment
Court: Southern District of Indiana
Judge: Jane Magnus-Stinson
Referred To: Mark J. Dinsmore