TAMPA — Integrity Services of Tampa Bay is suing a competitor, alleging it adopted "a confusingly similar trademark" to the plaintiff's lawn and pest control business.
Integrity Services of Tampa Bay, Inc., doing business as Integrity Pest Control Services, filed the lawsuit on Aug. 30, in the Tampa Division of the Middle District of Florida, against Integrity Turf Solutions, LLC, of Spring Hill, Florida.
“The Defendants actions are part of a deliberate attempt to confuse the general public and divert sales away from Plaintiff,” wrote the plaintiff's attorney, Matthew G. McKinney, of the Orlando firm Allen, Dyer, Doppelt & Gilchrist, P.A.
The lawsuit alleges that the defendant, who is a competitor of the plaintiff, has recently begun using a trademark that is “confusingly similar to the Plaintiff’s trademark INTEGRITY™ that is used to identify the Plaintiff’s lawn care and pest control services.”
Integrity Services of Tampa Bay is a Florida corporation located in Hernando County. Integrity Services claims that the name used by Integrity Turf Solutions, a Florida limited liability company in Hernando County, is misleading, confusing and attempts to “falsely designate the source of origin of their services,” according to the filing.
Integrity Services of Tampa Bay formed in 2007 and has “operated under the fictitious name of Integrity Pest Control Services since at least 2008, according to the lawsuit.
The rights to trademark INTEGRITY™ were acquired to identify its pest and lawn care services, according to the complaint. The trademark has been used to identify work vehicles, websites, and advertising literatur, the complaint stated.
Integrity Turf Solutions, “without the knowledge or authorization of Plaintiff,” began using its logo when it opened an office in Spring Hill, Hernando County, in August of 2016, according to the lawsuit.
The plaintiff has filed an action for injunctive relief and damages against the defendant as well as an action for common law unfair competition. It has also requested a jury trial.
The plaintiff is represented by Matthew G. McKinney of the Orlando firm Allen, Dyer, Doppelt & Gilchrist, P.A
U.S. District Court for the Middle District of Florida, Tampa Division, Case number 8:18-cv-02165