Five Star Chemicals & Supply, LLC v. 5 Star Enterprise, Inc., d/b/a/ 5 Star Chemicals, Civil Action 1:22-cv-03979-TCB (Dist. of Colo., Sept. 14, 2022)

Atlanta’s 5 Star Chemicals, which says it provides products to a wide range of companies in the food and beverage, wastewater, automotive, personal care, asphalt/paving, pulp and paper, and chemical processing industries, has been sued by a Colorado chemical company for trademark infringement.

The Colorado company, Five Star Chemicals & Supply, has provided chemicals to the food and beverage industry for more than 40 years, with a particular focus on serving breweries. In 2020, the company sent a letter to the Georgia company, noting the possibility for confusion in the marketplace. Five Star proposed a co-existence agreement in which 5 Star would not market its products to beverage manufacturing or homebrewing customers.

The defendants responded in August 2020 noting that the “similarity in names has also caused us issues with our current clientele.” That led Five Star to believe that the infringement was willful, according to the complaint.

The plaintiffs are seeking damages for federal trademark infringement, as well as false designation of origin, trademark dilution and cyberpiracy (based on the defendant’s web domain name being nearly identical to Five Star’s).