An Oklahoma nonprofit is suing a Sugar Land man, alleging trademark infringement and unfair competition.
Patriot Guard Riders of Tulsa filed a lawsuit June 11 in the Houston Division of the Southern District of Texas against Pronbert Hsu, alleging violation of the Texas Deceptive Trade Practices and Consumer Protection Act.
According to the complaint, in 2014 the plaintiff says it discovered the defendant was selling embroidered patches on eBay that look similar to theirs. The suit says Patriot Guard Riders sent Hsu a cease and desist letter, which he has neither replied to nor complied with. In fact, the plaintiff says, he merely relisted the same items under slightly different titles.
Patriot Guard Riders says its mission is to ensure dignity and respect at memorial services honoring members of the military, honorably discharged veterans and first responders. It depends upon sales of its merchandise to fund its activities, including providing financial assistance to wounded veterans and their families.
The plaintiff wants Hsu to stop selling any item that may be misconstrued as belonging to Patriot Guard Riders and to deliver for destruction any item that bears its trademark, as well as payment of damages, court costs and attorney fees. It also seeks a jury trial. It is represented by attorneys John S. Egbert and Matthew Swartz of Egbert Law Offices in Houston.
Houston Division of the Southern District of Texas case number 4:15-cv-01661.