Traverse Internet Law Federal Court Report: October 2011 - Trademark Infringement Lawsuits

Traverse Internet Law Disclaimer

The facts are unproven allegations of the Plaintiff and all commentary is based upon the allegations, the truthfulness and accuracy of which are likely in dispute.


CARGROUP HOLDINGS, LLC v. COOPS CARS, LLC
DISTRICT OF NEW JERSEY (TRENTON)
3:11-CV-05697
FILED: 9/30/2011

Part of the benefit of monitoring trademark registrations is to pick up on a potential conflict. In this instance, the Defendant apparently registered the trademark without the Plaintiff becoming aware of the action and this has resulted in a significant dispute.

The Plaintiff has brought a complaint for declaratory judgment of non-infringement and the cancellation of a federally registered trademark. The Plaintiff claims that it has been using the term “we buy any car” and the Defendant now claims to own the trademark to the term and is attempting to prevent the Plaintiff from using it in business.

Plaintiff sues for a declaration of non-infringement and fair use and requests injunctive relief, attorneys’ fees and such other legal and equitable relief the Court deems just and proper. Traverse Internet Law Cross-Reference Number 1529.