Two Texas businesses are suing after another company used its trademark.
Neutron Depot LLC and DepotWeb Inc. filed a lawsuit April 11 in the Houston Division of the United States District Court for the Southern District of Texas against Underground Elephant Inc., citing federal unfair competition and Texas common law trademark infringement.
The complaint states on July 5, 1994, the U.S. Patent and Trademark Office granted registration for the mark, “Insurance Depot." The mark is owned by CSi Agency Services Inc., according to the suit.
Neutron and DepotWeb claim they have written agreements with CSi Agency allowing them to use the mark with the right of enforcement and the right to bring suit, according to the complaint.
The plaintiffs allege the defendant launched a competing insurance service and/or product campaign directly misusing the plaintiffs’ “Insurance Depot” registered mark. The court filing states the mark is currently being misused by the defendant, as recently as April 2 and April 11, to improperly generate business at the expense of the plaintiffs.
Neutron Depot LLC and DepotWeb Inc. are seeking a temporary restraining order, preliminary injunction, permanent injunction, monetary damages, costs and fees.
The plaintiffs are being represented in the case by Andrew Sher of The Sher Law Firm PLLC in Houston.United States District Court for the Southern District of Texas Case No. 4:14-cv-00998 This is a report on a civil lawsuit filed in the United States District Court for the Southern District of Texas. The details in this report come from an original complaint filed by a plaintiff. Please note, a complaint represents an accusation by a private individual, not the government. It is not an indication of guilt, and it only represents one side of the story.