NEW ORLEANS — A Red Roof franchiser is suing a Louisiana business, alleging trademark infringement.
Red Roof Franchising LLC filed a lawsuit April 1 in U.S. District Court for the Eastern District of Louisiana against Tanzam LLC of Hammond and Kirit Patel, alleging they violated Lanham Act provisions by directly infringing on the plaintiff's Red Roof's trademarks.
According to the complaint, Red Roof has suffered financial damages and devaluing reputation and received costumer complaints because the Red Roof Inn rewards cards were not honored by the defendants although everything in the defendants' room had Red Roof signage on it.
The plaintiff alleges the defendants caused customer confusion, mistakes and deception, failed to pay amounts due and have not returned proprietary manuals and materials as required under their franchise agreement and continued displaying the trade dress of a Red Roof Inn and Suites.
Red Roof Franchising seeks trial by jury, an injunction ordering the defendants to immediately de-identify their property and to immediately remove all display of Red Roof’s proprietary marks, compensation of $73,343.63 for damages, attorney fees, legal costs and other relief the court deems appropriate. It is represented by attorneys Robert A. Kutcher and Nicole S. Tygier of Wagar Richard Kutcher Tygier & Luminais, LLP in Metairie.
U.S. District Court for the Eastern District of Louisiana Case number 2:16-cv-02722