N.D. Ga.

“Truck & Tap” Takes “Tap Truck” to Court Over Confusingly Similar Tags

Truck & Tap, LLC v. Tap Truck LLC et al, Civil Action No. 1:23-cv-01497-JPB (N.D. Ga., Apr. 7, 2023)

Plaintiff Truck & Tap, LLC, filed suit in the Northern District to stop the use of a confusingly similar mark. In its Complaint, Truck & Tap claims uncontestable ownership of the “TRUCK & TAP®” mark (Reg. No. 5201251) for restaurant and bar services under Class 43 and clothing merchandise under Class 25.

Truck & Tap offers restaurant and bar services to its customers with a rotating selection of craft beer and mobile food trucks. Truck & Tap also sells merchandise, including, but not limited to, t-shirts, hats, and hooded sweatshirts, bearing their TRUCK & TAP® mark. Truck & Tap offers its merchandise for sale at three different bar and restaurant locations in Georgia. See Complaint, at 7.

Defendant Tap Truck LLC provides mobile bartending services via mobile trucks in addition to selling beer and merchandise, including t-shirts, hats, and hooded sweatshirts. See id. at 8. According to the Complaint, despite repeated refusals from the United States Patent and Trademark Office to register the “Tap Truck” mark, Tap Truck expanded its advertising and promotion efforts using the “confusingly similar” name. Id. at 3. Further, Truck & Tap alleges Tap Truck markets its business using its confusingly similar mark in at least 34 states and six international locations. Id. What’s more, Tap Truck has at least 89 licensees or franchisees using the mark. Id.

The Complaint seeks temporary and permanent injunction, counts for federal trademark infringement, violation of Georgia’s Unfair Competition Statute, and actual and lost profits.

The case has been assigned to Judge J. P. Boulee.

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