An Arizona diesel truck company is suing Unique Motorsports Inc. of Lewisville, alleging trademark infringement.
Neal Technologies Inc. filed a lawsuit June 5 in the Sherman Division of the Eastern District of Texas against Unique Motorsports Inc., alleging federal trademark infringement and unfair competition.
According to the complaint, Neal Technologies Inc. (NTI), of Mesa, Ariz., a manufacturer and worldwide seller of aftermarket diesel truck parts, has used a Bullet Proof Diesel trademark since as early as 2008. The suit says Unique Motorsports Inc.(UMI) has marketed itself online and on its website as “the leaders in Bulletproof F250s and F350s" and stating, “We bullet proof more than 250 trucks a year, more than any other shop in the country.”
The lawsuit states on Feb. 4, counsel for NTI sent a cease and desist letter to UMI’s owner and registered agent, notifying UMI it was infringing on NTI’s marks and that such infringing must cease. UMI allegedly responded to the cease and desist letter by email and stated “We will comply with your cease and desist."
According to the suit, on May 1, after having received nothing further from UMI, counsel for NTI e-mailed the company again asked it to remove all remaining references to "Bulletproof" from UMI’s website. NTI has demanded UMI cease using the "BulletProof" mark, but says UMI has failed and refused to cease such use.
Neal Technologies seeks compensatory and treble damages associated with UMI’s past use and infringement of the BulletProof marks, including but not limited to three times UMI’s profits and three times the damages sustained by NTI as the result of UMI’s conduct, plus court costs. The company is represented by attorneys Scott Fredricks and Philip Vickers of Cantey Hanger in Fort Worth.
Sherman Division of the Eastern District of Texas case number 4:15-cv-00385-RC.