SHERMAN — An Arizona engine business is suing a Texas diesel engine parts manufacturer, alleging unfair competition, trademark infringement and false descriptions.
Neal Technologies Inc. of Mesa, Arizona, doing business as Bullet Proof Diesel, filed a lawsuit Aug. 29 in the Sherman Division of the Eastern District of Texas against Fireproof LLC doing business as Trinity Motors of Denton, Texas, alleging violation of the Lanham Act and Texas law for unfair competition.
According to the complaint, Bullet Proof has invested hundreds of thousands of dollars in promoting its goods and services under the BulletProof trademarks. The suit says Trinity Motors' actions caused the plaintiff to suffer irreparable damage to its BulletProof trademarks and its business, reputation and good will.
The plaintiff alleges Trinity Motors sold BulletProof packages for 6.0L power stroke engine vehicles and falsely alleged to provide genuine BulletProof parts. It continues to use the Infringing designation, the suit states, without plaintiff's authorization or permission.
Bullet Proof Diesel seeks trial by jury, an order enjoining the defendant from continuing to use the BulletProof trademarks, compel the defendant to destroy all marketing and promotional materials, compensatory and treble damages, pre-judgment interest, attorney fees and all further relief. It is represented by attorneys Richard L. Schwartz and Thomas F. Harkins of Whitaker Chalk Swindle & Schwartz PLLC in Fort Worth, and by Clyde Moody Siebman of Siebman Burg Phillips & Smith LLP in Sherman.
Sherman Division of the Eastern District of Texas Case number 4:16-cv-00663