Levolor, Inc. v. Rowley Company LLC, Civil Action No. 1:22-cv-02121-LMM (N.D. Ga. May 26, 2022)

Plaintiff Levolor, Inc. filed a trademark infringement suit against competitor Defendant Rowley Company, LLC for the unauthorized use of its trademark TRIM+GO to market, offer for sale, and sell window blinds, shades, and related products. The Complaint alleges that Plaintiff has continuously used the mark TRIM+GO in connection with its line of finished window treatments, including blinds and shades, since at least 2017 and that its mark is prominently displayed on each of its products:

The Complaint further alleges that, despite being aware of Plaintiff’s mark, Defendant began using the marks TRIM N GO and CUT N GO to market and sell its competing blinds and shades at least as early as March 2022. Defendant filed an intent-to-use trademark application for TRIM N GO and CUT N Go around the same time, alleging that the accused marks were first used in commerce at least as early as April 1, 2022 for TRIM N GO and at least as early as April 6, 2022 for CUT N GO.

Plaintiff sent Defendant cease and desist letters on March 31, 2022 and subsequently on April 21, 2022. The Complaint alleges that Defendant has continued to use the accused marks in commerce despite notice of Plaintiff’s registered mark. The Complaint asserts causes of action for trademark infringement, unfair competition, and false designation of origin in violation of 15 U.S.C Section 1125(a), unfair competition under O.C.G.A. Section 23-2-55, violation of the Georgia Deceptive Trade Practices Act pursuant to O.C.G.A. Section 10-1-370 et seq., and trademark infringement and unfair competition under Georgia common law. The Complaint was filed in the Northern District of Georgia (Atlanta Division) and the case is assigned to Judge Leigh Martin May.