Tags
False Advertising, False Designation of Origin, Federal Trademark Infringement, Litigation Update, Matthew P. Bookman, Passing Off, Richard L. Young, Trade Name Infringement, Unfair Competition, Unjust Enrichment
I’ll let the two trademarks at issue here speak for themselves – THE GREAT AMERICAN BAGEL (stylized) vs. THE GREAT AMERICAN EAGLE (nearly identically stylized). Check out the comparison images from the Complaint:
The remarkable similarity is, not surprisingly, no coincidence. Defendant obtained an old sign previously used by Plaintiff and apparently opted to save money by just rearranging a few letters and calling his gas station/convenience store “The Great American Eagle”.
As Defendants’ convenience store sells food products, Plaintiff has alleged consumer confusion and is seeking damages and injunctive relief.
Stay tuned for updates.
The Great American Bagel Enterprises, Inc. v. United HBA Corporation et al
Court Case Number:3:16-cv-00038-RLY-MPB
File Date: Thursday, March 24, 2016
Plaintiff: The Great American Bagel Enterprises Inc.
Plaintiff Counsel: Stacy K. Newton of Jackson Kelly PLLC
Defendant: United HBA Corporation and Harbhajan Singh, d/b/a The Great American Eagle
Cause: Federal Trademark Infringement, False Designation of Origin, False Advertising, Unfair Competition, Trade Name Infringement, Passing Off, Unjust Enrichment
Court: Southern District of Indiana
Judge: Richard L. Young
Referred To: Matthew P. Bookman
Complaint:
Indiana Intellectual Property Blog 