An online distributor is facing suit for selling products intended to be used as replacements or substitutes for an established brand.

Axxiom Manufacturing Inc. filed suit July 18 in the Houston Division of the Southern District of Texas against BlastingParts.com and John Doe.

According to the complaint, for more than 30 years the plaintiff has designed, manufactured, sold and serviced a variety of equipment used in the abrasive blasting industry under the Schmidt brand name, which has developed an industry reputation due to the monies and efforts spent by the plaintiff.

The defendants are a distributor of aftermarket abrasive blasting parts and equipment distributed via the website BlastingParts.com, the suit states.

The website sells parts patterned after off-patent Axxiom products which are intended to be used as replacements or substitutes for the Schmidt brand products. In marketing these products, BlastingParts.com uses names that are deceptively similar to Axxiom’s trademarks, according to the filing.

The defendants are accused of three counts of trademark infringement, unfair competition, trademark dilution and common law trademark infringement.

The plaintiff is seeking a permanent injunction against the defendants from using the infringing products, an order to impound all infringing materials, damages, costs and fees.

It is being represented by Houston attorney W. Shawn Staples.

Houston Division of the Southern District of Texas Case No. 4:14-cv-2055.

 

This is a report on a civil lawsuit filed in the Houston Division of 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.

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