Category Archives: Unfair Competition

Trademark Infringement Suit Between Pennsylvania Companies

R.E. Whittaker Co., a Pennsylvania corporation based in New Castle, PA, filed a trademark infringement suit against Misco Products Corporation, a Pennsylvania corporation based in Reading, PA on July 9, 2010 in the United States District Court for the Western District of Pennsylvania.

Whittaker has been in the business of manufacturing and selling commercial carpet cleaning products for over twenty-five years. In 1992 Whittaker introduced a carpet cleaning product under the brand name Crystal Dry®. The Complaint alleges that Misco recently started promoting, advertising, and selling a carpet cleaning product identified by the mark “Crystal Clear.”

The causes of action in the Complaint are: trademark infringement under federal trademark law, false designation of origin and unfair competition, dilution of famous marks, and trademark infringement and unfair competition under Pennsylvania common law.

Trademark and Copyright Infringement Case Filed Against Pittsburgh Company

A California company and a Nevada limited liability company filed suit in the Western District Court against Pittsburgh company QuestMark LLC for trademark infringement, false designation of origin, false advertising, copyright infringement, misappropriation of trade secrets, breach of contract, and unfair competition.

The Amended Complaint filed February 11, 2010 alleges the following claims of trademark infringement under the Lanham Act:

1. Defendants’ use of the mark CREATING AN ACCOUNTABLE CULTURE constitutes infringement of Plaintiffs’ federally registered CREATING A CULTURE OF ACCOUNTABILITY;
2. Defendants’ use of the mark ACCOUNTABLE CULTURE constitutes infringement of Plaintiffs’ federally registered CULTURE OF ACCOUNTABILITY;
3. Defendants’ use of the mark KEYS TO ACCOUNTABILITY constitutes infringement of Plaintiffs’ federally registered STEPS TO ACCOUNTABILITY; and
4. Defendants’ use of the mark ACCOUNTABILITY WORKSHOP constitutes infringement of Plaintiffs’ federally registered ACCOUNTABILITY TRAINING.

The Amended Complaint also alleges copyright infringement of a customer proposal brochure and a document that lists training modules used by the California company in its leadership-training and management-consulting services. The document also outlines the key “take away” points from the various modules.

An Answer has not yet been filed.

Smiley Face Cookie Trademark Infringement Suit

On December 31, 2009, Eat’n Park, a restaurant group with its principal place of business in Pittsburgh, filed suit against Crumb Corps, a Texas corporation, for trademark infringement, trademark dilution, and unfair competition.

The complaint alleges that Crumb Corps sells “Smiley Faces” cookies which have a design that is confusingly similar to the registered trademark of Eat’n Park and are directly competitive products to the Eat’n Park SMILEY face cookies. Crumb Corps’s cookies are available via retail stores, catalogs, and online. Eat’n Park alleges that Crumb Corp’s sale of cookies using its smiling face design and the SMILEY word mark constitutes unfair competition.

- Katie Cooper