SHERMAN — A Texas trademark owner is suing flooring and remodeling competitors, alleging unfair competition and false designation of origin.
Palace Floors & Remodeling Inc. of McKinney filed a lawsuit Sept. 15 in the Sherman Division of the Eastern District of Texas against Click 4 Corp LLC and Floors Touch, Inc., alleging violation of the Lanham Act and the Texas common law.
According to the complaint, the plaintiff is the owner of the valid trademark, Palace Floors, in connection with its flooring and remodeling services. As a result of defendants' actions, the suit says, the plaintiff has suffered and continues to suffer irreparable injury to its name, reputation and good will.
The plaintiff alleges the defendants used a domain and operated the website, www.palacefloorstx.com, offered and sold remodeling services and engaged in retail product sales of related goods using Palace Floors' trademark without authorization.
Palace Floors & Remodeling seeks trial by jury, an order permanently enjoining and restraining the defendant from further infringing the plaintiff’s trademark, an order to transfer the domain name, www.palacefloorstx.com, and all variations confusingly similar to plaintiff’s trademark, attorney fees and all other relief. It is represented by attorneys Terrell R. Miller and Michelle Y. Ku of Gardere Wynne Sewell LLP in Dallas.
Sherman Division of the Eastern District of Texas Case number 4:16-cv-00715