FORT LAUDERDALE, Fla. -- UR Floored Today is facing a trademark infringement lawsuit brought by another flooring business that alleges UR Floored used its name.
Empire Today, LLC filed the May 31 complaint in U.S. District Court for the Southern District of Florida against U.R. Floored, and owners Harold Monblatt and Jeffrey Pellar. The complaint alleges Monblatt and Pellar were former employees who entered into an non-compete, confidentiality and solicitation agreement. Monblatt was terminated in August 2016 while Pellar was fired April 11.
Pellar reportedly sent Empire customer leads to Monblatt and his company UR Floored.
“Monblatt and Pellar deceived prospective customers into believing that they were representatives of Empire,” the complaint said.
It further stated that Monblatt requested all payments be made to his personal account. He reportedly didn’t fully pay subcontractors who stopped work because of nonpayment and left “customers with a costly construction mess.”
“Monblatt subsequently evaded further communications with consumers and failed to complete their contracted-for-jobs,” the complaint said.
Pellar reportedly redirected a prospective Empire customer who needed flooring repair services to Monblatt. Monblatt then “deceived” the customers into signing an estimate for work for UR Floored and took the customer’s $2,771.26 deposit to purchase flooring materials for renovation that never arrived.
“Monblatt also arranged for two laborers, who he knew to be unlicensed, to destroy the prospective Empire costumer’s apartment with no intention of repairing or finishing the promised services,” the complaint said.
The suit also notes Monblatt describes himself as a sales manager at Empire Today on his LinkedIn profile. It alleges the defendants’ use of the trademark “is likely to cause confusion in the mind of ordinary customers.”
Empire Today seeks a preliminary injunction restraining the defendants from representing themselves as employees and using its name. The company is also seeking damages, costs, expenses, attorney fees and all further relief.