N.D. Ga.

Herc vs. TERC: Rhyming Names, Similar Color Schemes Lead to Trademark Infringement Lawsuit

Herc Rentals, Inc. et al v. The Equipment Rental Company LLC, Civil Action No. 1:22-cv-04368-WMR (N.D. Ga., Nov. 1, 2022)

Herc is a long-established equipment rental company with more than 300 locations in the U.S. and Canada, including 16 in Georgia. In 2019, The Equipment Rental Company launched as a competing business, often referring to itself in advertising and on social media by the acronym “TERC”. Both companies also use a similar shade of yellow as their primary branding color.

That’s more than a coincidence, Herc attorneys say in a new lawsuit filed in the Northern District. “Through the use of the confusingly similar TERC mark, TERC trades off the valuable goodwill in the HERC Marks built over decades at great expense and effort by Herc,” they claim.

Herc alleges trademark infringement and unfair competition under the Lanham Act, as well as a number of state trademark infringement and antitrust claims.

In addition to damages, the plaintiffs seek to permanently enjoin the defendants from using the “TERC” name moving forward.

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