MIAMI – A Hollywood corporation alleges a Delray Beach business used a similar name to profit from the plaintiff's reputation.
Gemco Painting Inc. filed a complaint on July 28 in the U.S. District Court for the Southern District of Florida against Gemco USA Corp. alleging trademark infringement, unfair competition and other counts.
According to the complaint, the plaintiff is a painting and carpentry company and the defendant is a home restoration and painting company. The plaintiff alleges that it suffered damages as the result of its trademark being used by the defendant. The plaintiff holds Gemco USA Corp. responsible because the defendant allegedly used an identical or closely similar mark to plaintiff to advertise its services.
The plaintiff requests a trial by jury and seeks injunction against the defendant, account and award profits to plaintiff derived from the unlawful acts, statutory damages, actual damages, order the defendant to deliver up for destruction all marketing materials that bear the infringing mark, all legal fees and interest and any other relief as the court deems just. It is represented by Brian S. Pantaleo of Locke Lord LLP in West Palm Beach.
U.S. District Court for the Southern District of Florida Case number 0:16-cv-61810-MGC