Synergistic International LLC (which does business as Glass Doctor) has filed a lawsuit against Mike Compell of Oswego, Ill., in the U.S. District Court for the Northern District of Illinois for “continuing to conduct a glass repair business under the Glass Doctor name and mark,” including usage of Glass Doctor’s official website and phone number. The company’s attorneys claim Compell is a former franchisee whose franchise agreement was terminated “by mutual agreement” on March 28, 2008.
“Despite termination and without plaintiff’s authorization, plaintiff has recently learned that defendant is continuing to conduct a glass repair business …” Synergistic’s attorneys claim. “In connection with that glass repair business, defendant is using a service van wrapped with plaintiff’s Glass Doctor marks, including the Glass Doctor design marks. Defendant’s service van also displays plaintiff’s official www.glassdoctor.com website address and the telephone number (847) 808-9254, which is associated with a former Glass Doctor franchisee who served the Chicago metropolitan area, including Cook County, Ill.
“In connection with that glass repair business, defendant has also employed independent contractor technicians who respond to service calls placed with defendant’s glass repair business and who claim to be ‘Glass Doctor’ contractors. These contractors provide business invoices on information and belief provided or authorized by defendant using the name Glass Doctor NorthShore and the same contact telephone number that appears on defendant’s service van,” attorneys claim.
Due to being a former Glass Doctor franchisee, attorneys claim Compell was “fully aware of plaintiff and of the preexisting and senior rights of plaintiff and/or its predecessors in interest in the Glass Doctor marks at the time defendant first commenced his post termination use of those marks.”
Synergistic asks the court to award it injunctive relief as well as compensatory and punitive damages.
The court has not issued any decision at press time and Compell has not filed a response to the complaint.
“I don’t know what you are talking about. I just answer the phone,” says the person who answered the phone number listed in the lawsuit for Mike Compell’s place of business.