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Infenergy (solar energy provider) accuses InvEnergy (utility-scale energy developer) of Trademark Noninfringement

LOUISIANA RECORD

Thursday, November 21, 2024

Infenergy (solar energy provider) accuses InvEnergy (utility-scale energy developer) of Trademark Noninfringement

Federal Court
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Infenergy, LLC has filed a legal complaint seeking a declaratory judgment of noninfringement against Invenergy LLC, challenging allegations of trademark and trade dress infringement. The lawsuit was filed on October 15, 2024, in the United States District Court for the Western District of Louisiana by Infenergy, LLC against Invenergy LLC.

The dispute centers around Infenergy's use of its brand name and visual identity, which Invenergy claims infringes upon its registered trademarks and associated trade dress rights. Infenergy argues that its use of the "INFENERGY" mark and related branding does not violate Invenergy's rights under the Lanham Act or constitute unfair competition. Infenergy asserts that their mark is distinct both visually and phonetically from Invenergy's "INVENERGY" mark. They further contend that their business operates in a different market segment—residential solar energy installations—compared to Invenergy’s focus on large-scale utility projects like wind farms and power plants.

The plaintiff details how they have used the INFENERGY mark since March 2021 without any reported instances of consumer confusion. Infenergy emphasizes differences in their target markets and customer bases, arguing that their services are marketed to residential consumers rather than the industrial clients served by Invenergy. Additionally, they highlight unique elements of their trade dress—a yellow and gray color scheme—and logo design featuring an infinity symbol with electrical motifs.

Infenergy seeks several declarations from the court: that their use of the INFENERGY mark does not infringe or dilute Invenergy’s trademark rights; that there is no violation concerning trade dress; and an injunction preventing Invenergy from asserting these claims further. They also request compensation for legal costs incurred during this action.

Representing Infenergy is attorney Brad E. Harrigan from Tolar Harrigan & Morris LLC. The case is identified as Case No. 24-1408 in front of an unnamed district judge and magistrate judge.

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