Indianapolis, IN – Trademark lawyers for Mr. Waterheater Enterprises, Inc. and MRW National, Inc., both of North Versailles, Pennsylvania filed a trademark infringement suit in the Southern District of Indiana alleging Greater Midwest Building Solutions, LLC and Ronald O’Connor of Franklin, Indiana infringed trademark registration no. 3,338,117, for the mark MR. WATERHEATER KEEPING WATER HOT, registered by the US Trademark Office.
The complaint states that Mr. Waterheater has been selling water heaters using the Mr. Waterheater mark and the trademarked slogan since at least 1988 and spends significant resources to advertise its brand. The complaint alleges that the defendants sell water heaters using the confusingly similar mark “Mr. Water Heater” and uses the confusingly similar website url www.mr-waterheater.com. The complaint states that Mr. Waterheater’s trademark attorneys sent a cease and desist letter to the defendants in June 2011, but the defendant did not cease using their confusingly similar marks. The complaint makes claims of trademark infringement, false designation of origin, unfair competition under Indiana state law, and unjust enrichment. Trademark attorneys seek an injunction, an accounting of profits, damages, attorney fees and costs.
Practice Tip: The parties here are both selling water heaters using very similar marks: The plaintiff’s mark here is “Mr. Waterheater” and the defendant apparently using “Mr. Water Heater.” The Lanham Act, 15 U.S.C. § 1114(1)(b) defines infringement as using a copy or imitation of a mark upon good or service where “such use is likely to cause confusion, or to cause mistake, or to deceive”. Since the difference between the two marks is a space between “water” and “heater,” the marks are virtually identical and the likelihood of confusion is very high. The defendants, however, may have defenses available.
Filed: September 13, 2011 as 1:2011cv01236 Updated: September 15, 2011 06:36:50
Plaintiffs: MR. WATERHEATER ENTERPRISES, INC. and MRW NATIONAL, INC.Defendants: GREATER MIDWEST BUILDING SOLUTIONS, LLC and RONALD O’CONNORPresiding Judge: William T. LawrenceReferring Judge: Tim A. BakerCause Of Action: Trademark InfringementCourt: Seventh Circuit > Indiana > Southern District CourtType:Intellectual Property > Trademark