Common Law Unfair Competition, Federal Trademark Infringement, Matthew P. Brookman, Richard L. Young
The Plaintiffs in this trademark lawsuit, Atlas Van Lines of Evansville, Indiana, have been transporting goods under the name “Atlas” since 1948. The Atlas family of companies includes more than 430 independent Atlas agencies across the U.S. and Canada, plus authorized partners in 140 countries.
The Defendant is alleged to have offered its moving services to the public since 2015 under the fictitious business name “Atlas Moving Systems AMS,” constituting trademark infringement and unfair competition.
The Plaintiffs first sent a cease-and-desist letter to the Defendants in September 2017. A follow-up letter was sent in November 2020, over three (3) years later. There is no explanation given in the Complaint (below) for the lengthy delay by Plaintiffs in enforcing their trademark rights. However, a Motion for Preliminary Injunction has also been filed along with the Complaint so they’ve clearly determined that they can now no longer abide the Defendants’ ongoing presence in the marketplace. The supporting Memorandum (below) documents instances of actual consumer confusion.
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AWGI, LLC et al. v. CLD Trucking Co. d/b/a Atlas Moving Systems AMS
Case Number: 3:21-cv-00117-RLY-MPB
File Date: Thursday, July 22, 2021
Plaintiff: AWGI, LLC, Atlas Van Lines, Inc.
Plaintiff Counsel: Mark. F. Warzecha, Esq. of Wideman Malek, PL
Defendant: CLD Trucking Co. d/b/a Atlas Moving Systems AMS
Cause: Federal Trademark Infringement, Common Law Unfair Competition
Court: Southern District of Indiana
Judge: Richard L. Young
Referred To: Matthew P. Brookman
Memorandum in Support of Plaintiff’s Motion for Preliminary Injunction: