A Louisiana business claims a marketing company infringed on its trademark rights when it sent consumers a marketing device similar to that of the Louisiana business.
Future World Electronics filed a lawsuit July 31 in the U.S. District Court for the Southern District of Texas Houston Division against Rebs Marketing, The Wolfington Group and Clean Auto Promotions.
In its complaint, New Orleans-based Future World claims it designed a pull-tab game it sends to consumers on behalf of the automotive direct mail industry. Several of Future World's pull-tab games feature a "Money Carlo" trademark, service mark, brand name and design, according to the complaint.
After Future World's game took off, defendant Rebs Marketing began to publish its own pull-tab advertisements that bear the "Money Carlo" term, the complaint says.
Clean Auto Promotions also began utilizing the pull-tab game and delivered 40,000 copies of it to consumers living near Houston to promote a sale at a Mazda dealership, Future World claims.
Future World says the defendants' actions have caused damages to its business reputation.
In its complaint, Future World alleges trademark infringement and destruction of infringing articles against the defendant. It says they also engaged in unfair competition.
Future World seeks an order prohibiting the defendants from engaging in further trademark infringement. It also seeks an order that the defendants deliver and destroy all copies of the game. It seeks actual and enhanced damages, plus profits arising from the ads, pre- and post-judgment interest, attorneys' fees and other relief the court deems just.
Emily L. Gordy of Carver, Darden, Koretzky, Tessier, Finn, Blossman and Areaux in New Orleans will be representing Future World. Raymond G. Areaux and J. Matthew Miller III of Carver, Darden, Koretzky, Tessier, Finn, Blossman and Areaux will also serve of counsel.
U.S. District Court for the Southern District of Texas Houston Division case number 4:14-cv-02203
This is a report on a civil lawsuit filed at the U.S. District Court for the Southern District of Texas Houston Division. The details in this report come from an original complaint filed by a plaintiff. Please note that a complaint represents an accusation by a private individual, not the government. It is not an indication of guilt, and it represents only one side of the story.