Colorado 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 suit."

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."

CLICK HERE for full text of complaint.

CLICK HERE for letters exchanged between the two companies.

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