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News.

York Turns Up the Heat in the Hopes of Putting HVAC Service Company on Ice.

NEWARK, July 17, 2009 -- The heating and cooling equipment company York International Corporation, and its partners, filed suit today against a New Jersey and his HVAC service company, York HVAC Systems, Inc.

The complaint filed in the U.S. District Court for the District of New Jersey names Rick Agolli and York HVAC Systems, Inc. as defendants and accuses them of trademark infringement, unfair competition, and fraud.

York International and its partners, Imeco, LLC and Johnson Controls, Inc., manufacture and sell heating, ventilating, air conditioning and refrigeration (HVAC) equipment as well as providing related services.

York International has federally registered YORK in connection with: refrigeration
apparatus; air conditioning apparatuses; compressors for air conditioning; HVAC products and services; installation repair and maintenance services related to HVAC systems.

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.

In addition to seeking compensatory and punitive damages, York International and its partners are seeking an injunction prohibiting Rick Agolli and York HVAC Systems, Inc. from using a trademark containing "York."