Safevue Auto Glass and Safelite Enter Into Settlement Discussions
March 19, 2012
by Katie O'Mara, firstname.lastname@example.org
Safevue Auto Glass, based in Denver, Col., is being sued by Safelite for alleged misrepresentation to customers, trademark infringement, consumer fraud, deceptive trade practices, unfair competition, unjust enrichment and more, has entered into discussion agreements with Safelite. The companies have filed a joint motion for stipulated permanent injunction against AJ Aurit, who is described by Safelite as the owner and/or officer of Safevue. The court requires a hearing be held in order to enter the injunction against Aurit.
“Safelite and Aurit have reached a settlement agreement to resolve their disputes with respect to all claims asserted or that could have been asserted in the action against Aurit and all counterclaims that could have been asserted in the action by Aurit against Safelite, without either Aurit or Safelite admitting any liability with respect to the claims or any counterclaims or affirmative defenses that could be alleged in the action,” read the court documents.
Safelite is alleging that Safevue’s telemarketing employees “have at times falsely identified themselves as representing Safelite or calling on behalf of Safelite.”
“Consumers have been actually confused or are likely to become confused by Safevue's telemarketing calls in which it is 'passing off' as Safelite and misrepresenting that it is affiliated with or an agent of Safelite,” writes the company in its complaint. “Safelite does not make outbound, unsolicited, telemarketing 'cold calls' to consumers for the purpose of advertising and promoting Safelite's goods and services."
The company further alleges that consumers who have received such calls have called Safelite to complain.
The proposed injunction would prohibit Aurit and any officers, agents, servants and employees from representing themselves as Safelite or affiliated with Safelite, using Safelite trademarks and using the name “Safevue” as it is confusing to customers.
An order for a hearing was filed to address the joint motion, but has not been scheduled as of press time.
glassBYTES™ contacted SafeVue today and was told Aurit is no longer with the company. Requests for further comment were not returned at press time.
This story is an original story by AGRR™ magazine/glassBYTEs.com™. Subscribe to AGRR™ Magazine.
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