S.D. Ga.

TrailersPlus Challenges Cargo Company Over “Patriot” Mark

Interstate Group, LLC d/b/a TrailersPlus v. Patriot Cargo Trailers, LLC and Carlos Perez, Civil Action No. 5:22-cv-00059-LGW-BWC (S.D. Ga., Oct. 20, 2022)

TrailersPlus has been selling enclosed cargo trailers under the “Patriot” mark for nearly 20 years, and the company says it has built a significant amount of brand equity and customer goodwill in the Patriot product line. TrailersPlus registered the Patriot trademark in 2006 and says it has used the mark continuously ever since.

The company says its trademark was infringed when, in 2020, a Georgia company formed as “Patriot Cargo” and began selling cargo trailers. Part of this included launching a since-disabled website, http://www.patriotcargotrailers.com.

The plaintiffs allege trademark infringement, saying Patriot Cargo is misleading and confusing consumers by using a mark well-known in the cargo trailer industry. TrailersPlus is alleging federal and state trademark infringement, deceptive trade practices and unfair competition. They also are suing on an anti-cybersquatting claim regarding the aforementioned Patriot Cargo website.

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