Auto Glass Shop Files Complaint Against Glass America to Protect
Use of Logo and Name
June 8, 2009
Denver-based Auto Glass America Inc. has filed a complaint against
Glass America seeking declaratory relief "to establish that
[its] actions do not unlawfully infringe upon defendant Glass America
LL's alleged trademark rights in the mark GLASS AMERICA or otherwise
interfere with its ongoing business operations."
According to documents filed in the case, the complaint arose from
several notices Auto Glass America received from counsel for Glass
America asserting trademark rights in the term "Glass America."
In the first letter, dated February 26,2 009, Glass America counsel
Leo Silverstein of Reitler Brown & Rosenblatt LLC alleges that
Auto Glass America's operation, located 7 miles from one of Glass
America's facilities, "unfairly capitalizes on the goodwill
and reputation embodied in Glass America." He goes on to claim
that Auto Glass America's use of the logo "has and is likely
to continue to cause confusion, mistake and deception." The
letter provides a deadline of March 6 for the company to cease use
of the logo before taking "appropriate action to protect [Glass
America's] rights, including an action seeking to enjoin such use."
Patrick Guevara of Randick O'Dea & Tooliatos LLP responded
with a letter dated March 16, claiming that the U.S. Patent and
Trademark Office's Trademark Application and Registration Retrieval
System indicates that Glass America does not hold a federal registration
for the mark Glass America, and that it was cancelled on June 13,
2008. Guevara also claims that there are several other businesses
operating with similar names, and that both logos are very distinct
and do not show similarities.
After the exchange of letters, the complaint, filed on May 22,
says, "After some further negotiation between counsel, it became
apparent that Glass America was unwilling to resolve the matter
short of having Auto Glass America cease all uses of its name. As
a result of Glass America's letter and subsequent threats of suit,
Plaintiff is under a reasonable and serious apprehension of imminent
Through the filing, Auto Glass America says it is seeks declaratory
relief as to whether "Glass America enjoys enforceable trademark
rights in the name and logo Glass America in connection with auto
glass repair services and, if so, whether Auto Glass America's use
of its name and logo Auto Glass America in promoting itself and
services unlawfully infringes upon Glass America's alleged rights."
Auto Glass America seeks a judgment on this issue, along with its
costs and attorney's fees, and "all such other and further
relief as the Court deems just and proper."
Officials from Glass America declined to comment due to the fact
that the litigation is pending.
"Our goal is to hopefully resolve it without too much more
fanfare," says Kevin Martin, counsel for Auto Glass America.
"Our position is given the generic nature of the names is that
there is no infringement and we want a court of law basically to
uphold that position."
HERE for full text of complaint.
HERE for letters exchanged between the two companies.
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