New Albany, Indiana – Trademark lawyers for Aire Serv Heating & Air Conditioning, Inc. of Waco, TX, have filed a lawsuit alleging Air Serv of Louisville of New Albany, IN, is infringing the following five trademarks registered with the U.S. Trademark Office: Trademark Registration No. 1,818,574 for the mark AIRE SERV in connection with the installation, maintenance, and repair of heating and air-conditioning equipment; Trademark Registration No.1,890,475for the mark AIRE SERV in connection with residential and commercial oil, electric, gas, coal and propane heaters and air conditioners and replacement parts for same; Trademark Registration No. 1,927,783 for an AIRE SERV design mark in connection with the installation, maintenance, and repair of heating and air-conditioning equipment; Trademark Registration No. 2,763,655 for the mark AIRE SERV in connection with energy-saving thermostats, HVAC services, duct cleaning, and inspection services; and Trademark Registration No. 3,578,721 for an AIRE SERV HEATING & AIR CONDITIONING design mark in connection with services similar to the ‘655 registration.
The plaintiff is the franchisor of a nationwide system of businesses which provide HVAC services and alleges that the defendant was introduced to its system while working as a technician for the plaintiff’s franchisee in Louisville, KY. The complaint claims that, although the defendant’s employment with the franchisee was terminated, he continues to offer identical services under the mark AIR SERV OF LOUISVILLE, thereby infringing the plaintiff’s trademark registrations and unfairly competing with plaintiff.
Practice Tip: A trademark or service mark may be comprised of words, a logo or design, or can be something more esoteric such as a sound or scent which is clearly indicative of the source of the associated goods or services.
Complaint – Aire Serv v. Niemann Further Information about the case is as follows:
Filed: September 1, 2010 as 4:2010cv00101 Updated: September 1, 2010 22:03:35
Plaintiff: AIRE SERV HEATING & AIR CONDITIONING, INC.
Defendant: MARK NIEMANN
Presiding Judge:Richard L. Young
Cause Of Action: Trademark Infringement