A Plano business is suing a home development business for its use of a similar trademark, harming their reputation.

Horizon Homes Ltd. filed a lawsuit April 9 in the Houston Division of the Southern District of Texas against KLM Horizon Development LLC and Keith Myrick, citing federal trademark infringement, false designation or origin, injury to business reputation and unfair competition.

The plaintiff claims it began using the Horizon Homes marks in 2001. The suit alleges the defendant began using a trademark for their company that was very similar to that of Horizon Homes Ltd., after the plaintiff had acquired a reputation for high quality.

According to the brief, the plaintiff's business and reputation have been negatively affected by the conduct and malicious acts of the defendant, as a result of people believing the two companies were affiliated.

The plaintiff is seeking damages of in the amount of $1 million, interest, attorney's fees, court costs and for the defendant to change their trademark.

It is being represented by Dallas attorneys George R. Schultz and Nicole Risher Marsh of Schultz & Associates PC.

Houston Division of the Southern District of Texas Case No. 4:14-cv-00956.

This is a report on a civil lawsuit filed at the Houston Division Courthouse. 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.

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