Common Law Unfair Competition, Conversion, Federal False Advertising, Federal False Designation of Origin, Federal Trademark Infringement, Federal Unfair Competition, Indiana Crime Victim's Relief Act, Mark J. Dinsmore, Richard L. Young
The Defendant in this lawsuit, a used car dealership management software company from Georgia, is accused of “repeated and brazen actions…designed to deceive and sow confusion in the marketplace.” Among the alleged actions of Defendant are illegitimate procurement of Plaintiff’s proprietary Run Lists (i.e. “lists containing information regarding automobile auctions”), use of a “bastardized” version of Plaintiff’s logo, and falsely claiming affiliation with Plaintiff.
The Defendant is also accused of inappropriately using Plaintiff’s AUTONIQ trademark in keyword advertising. The Defendant further used the AUTONIQ trademark in a deceptive email campaign which caused Plaintiff to receive inquiries from confused consumers.
Is it just me, or does the “bastardized” logo (see Complaint paragraph 23) actually look more like a goose rather than a “lower in quality” version of the Plaintiff’s eagle?
I’ll reserve judgment until the Answer is filed, as complaints can’t be relied on for the entire story, but this paints the picture of a Defendant who is willing to flout trademark law for a perceived competitive advantage.
Stay tuned for updates.
Adesa, Inc. and Autoniq, LLC v. Laser Appraiser, LLC
Court Case Number: 1:20-cv-02433-RLY-MJD
File Date: September 21, 2020
Plaintiff: Adesa, Inc., Autoniq, LLC
Plaintiff Counsel: Louis T. Perry of Faegre Drinker Biddle & Reath LLP
Defendant: Laser Appraiser, LLC
Cause: Federal Trademark Infringement, Federal Unfair Competition, Federal False Designation of Origin, Federal False Advertising, Common Law Unfair Competition, Indiana Crime Victim’s Relief Act, Conversion
Court: Southern District of Indiana
Judge: Richard L. Young
Referred To: Mark J. Dinsmore