LAFAYETTE – A Utah company is accused of using a Rayne tire distributor's Bogger mark to sell jewelry.
Interco Tire Corp. filed a complaint on Feb. 27 in the U.S. District Court for the Western District of Louisiana against Swalberg Fashion, care of ProData Key LLC, alleging trademark infringement and other counts.
According to the complaint, the plaintiff alleges that Swalberg Fashion, care of ProData Key LLC, 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. Due to defendant's alleged unlawful activities, plaintiff claims 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-00320