Mayflower Movers Sue Impostors Operating in San Jose.

SAN JOSE, July 10, 2009 -- Moving company Mayflower Transit LLC initiated a federal lawsuit today in the U.S. District Court for the Northern District of California against an competitor calling itself Mayflower Moving andTransit.

The suit filed today accuses San Jose's City Transport, Inc. of trademark infringement, trademark dilution, unfair competition and false designation of origin because they held themselves out as MAYFLOWER MOVING AND TRANSIT while offering moving and storage services. The complaint also accuses City Transport, Inc. of copying the distinctive trade dress of the Mayflower moving trucks and using Mayflower's distinctive stylized logo in its advertising.

Mayflower Transit LLC has federally registered the trademark MAYFLOWER in connection with moving and storage services.

The primary purpose of trademark infringement laws is to prevent consumer confusion regarding the source of goods and services. The first party to use a trademark may prohibit other parties from using a mark subsequently on connection with similar goods or services if it so resembles the original mark as to cause confusion. If the later mark is so similar, it is deemed to infringe on the prior mark.

In assessing damages for infringing 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.

The complaint asks for compensatory and punitive damages for trademark infringement, trademark dilution, unfair competition and false designation of origin in addition to an injunction prohibiting further use of the MAYFLOWER mark and the destruction of all products and marketing materials bearing that trademark.

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