Indianapolis, Indiana – Trademark lawyers for Intex Recreation Corp. of Long Beach, CA, filed a complaint alleging General Foam Plastics Corp. of Norfolk, VA, infringed the following trademarks registered with the U.S. Trademark Office: Trademark Registration No. 2,385,605 for the mark SNAPSET in connection with play swimming pools and Trademark Registration No. 2,825,743 for the mark SWIM CENTER in connection with non-metal swimming pools.
The complaint states that, like the plaintiff, the defendant advertises and sells swimming pools and “related aquatic products” and subsequently started doing so under the marks SNAP SET and SWIM CENTER. The causes of action raised are trademark infringement and unfair competition, with injury allegedly occurring in the Southern District of Indiana.
Practice Tip: A trademark or service mark need not be identical to a prior mark to be considered infringing – all the law requires is a “likelihood of confusion” in the mind of the consuming public about the source of the goods or services.
Further information about this case is as follows:
Filed: May 12, 2010 as 1:2010cv00597 Updated: May 13, 2010 15:51:11
Plaintiff: INTEX RECREATION CORP.
Defendant: GENERAL FOAM PLASTICS CORP.
Judge: Sarah Evans Barker
Cause Of Action: Trademark Infringement