LAFAYETTE – A Rayne tire distributor alleges a jewelry company is unlawfully using its Bogger and Super Swamper marks.
Interco 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.
According to 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