LAFAYETTE – A Rayne tire distributor alleges a jewelry company is unlawfully using its Bogger and Super Swamper marks.
Tire Corp. filed a complaint on Feb. 27 in the U.S. District Court for
the Western District of Louisiana against Earth Art Gems & Jewelry
alleging trademark infringement and other counts.
the complaint, the plaintiff alleges that
Earth Art Gems & Jewelry allegedly intentionally manufactured, advertised, distributed and sold
goods under trademarks that are the same or substantially similar to
plaintiff’s trademarks without plaintiff’s authorization or consent.
The plaintiff holds Earth Art Gems & Jewelry responsible because the
plaintiff alleges it has suffered and will continue to suffer
irreparable harm and injury to its business, goodwill and reputation.
The plaintiff requests a trial by jury and seeks an order
permanently enjoining defendant from copying or making unauthorized use
of plaintiff’s marks, award for compensatory damages, attorneys’ fees
and costs for this action. It is represented by Ted M. Anthony and Sarah
B. Dupont of Babineaux Poche Anthony & Slavich LLC in Lafayette.
U.S. District Court for the Western District of Louisiana Case number 6:17-cv-00319