Counterfeit Concrete Curing Agents?

VICTORIA, May 5, 2009 -- A concrete company has accused a competitor of infringing their ECO-CURE trademark in a federal lawsuit filed in the U.S. District Court for the District for the Southern District of Texas.

Concrete company Prime Eco Group, Inc. has accused competing concrete company Spec-Con, LLC of selling concrete curing agents under the ECO-CURE brand.

Prime Eco claims they put the ECO-CURE trademark into use in December of 2004. Typically, the first party to use a trademark has the superior claim of ownership and may prevent others from using a mark that is confusingly similar.

Prime Eco Group, Inc. has federally registered the trademark ECO-CURE. In assessing damages of a federally registered trademark, the court may enter judgment for any sum above the amount found as actual damages, up to three times. When a court finds a defendant intentionally counterfeited a registered trademark, the court must, unless the court finds extenuating circumstances, enter judgment for three times such profits or damages, whichever is greater, together with a reasonable attorney’s fee unless the Plaintiff elects for statutory damages up to $1,000,000 per counterfeit mark per type of goods or services sold, offered for sale, or distributed.

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