Wheaton Van Lines Sues Unigroup and Mayflower Container Services for Trademark Infringement of “We Move Your Life”


Indianapolis, IN РTrademark attorneys for Wheaton Van Lines, Inc. of Indianapolis, Indiana filed trademark infringement suit in the Southern District of Indiana alleging Unigroup, Inc. and Mayflower Container Services, LLC of Fenton, Missouri infringed trademark registration no. 2,607,246 for the mark, WE MOVE YOUR LIFE, which is registered with the US Trademark Office.

The complaint WheatonVanLines.jpgalleges that since 1997 Wheaton has used the phrase “We Move Your Life” as an advertising slogan and obtained a federally registered trademark of the phrase in 2002. The complaint states that the defendants are using a confusingly similar slogan “Your Life on the Move” and have created an internet site at www.yourlifeonthemove.com. Wheaton alleges that “Your Life on the Move” is confusing similar to “We Move Your Life” and that customers are likely to confuse the two. Wheaton states that the defendants are benefiting from the goodwill Wheaton has established as connected to its trademarked slogan. The complaint notes that Wheaton contacted the defendants and asked them to discontinue use of “Your Life on the Move.” The defendants failed to discontinue. The complaint makes claims of trademark infringement, unfair competition, and trademark dilution. Trademark lawyers for Wheaton are seeking preliminary and permanent injunctions, an award of profits, damages, costs and attorney fees.

Practice Tip: The Plaintiff alleges that personal jurisdiction over the Defendants exists because “Defendants have advertised and continues (sic) to advertise moving service on the Internet to inform residence of this State that it will take orders or bookings for such services from residence of this State.” This seems unlikely to obtain personal jurisdiction. Overhauser Law Offices, the publisher of this website, has repeatedly obtained dismissal of trademark infringement cases where the only basis for personal jurisdiction was maintaining a website. (See for example the Mice Direct and Joy Honeymoon cases.)

This case has been assigned to Chief Judge Richard L. Young and Magistrate Judge Denise K. LaRue in the Southern District of Indiana, and assigned Case No. 1:11-cv-01590-RLY-DKL.Wheaton Van Lines Complaint

Filed: December 1, 2011 as 1:2011cv01590 Updated: December 5, 2011 01:02:52

Plaintiff: WHEATON VAN LINES, INC.Defendants: UNIGROUP, INC. and UNITED MAYFLOWER CONTAINER SERVICES, LLCPresiding Judge: Richard L. YoungReferring Judge: Denise K. LaRueCause Of Action: Trademark InfringementCourt: Seventh Circuit > Indiana > Southern District CourtType:Intellectual Property > Trademark

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