IP Law Daily, TRADEMARK NEWS: ‘Two Men and a Truck’ move against rival over ‘2 Guys’ name, (May 31, 2016)

By Thomas Long, J.D.

Moving-business franchisor Two Men and a Truck/International, Inc. has filed suit against a Kansas-based competitor and its principals for using a mark that allegedly is confusingly similar to the registered mark TWO MEN AND A TRUCK. Defendant Get a Move On, Inc., and its owners, in a 2002 settlement with the plaintiff, agreed to cease using the mark “2 Guys & A Truck” but, according to the plaintiff, had continued to use the infringing mark. The complaint was filed in the federal district court in Wichita, Kansas (Two Men and a Truck/International, Inc. v. Get a Move On, Inc., May 27, 2016).

According to the complaint, the plaintiff’s franchised system is the largest local moving company in the United States. The plaintiff asserts that it has used the mark TWO MEN AND A TRUCK in connection with its business since at least 1988. The mark is the subject of two federal registrations for moving services.

In 2002, the plaintiff allegedly learned of and objected to use of the name “2 Guys & A Truck” in connection with the defendants’ moving business. In a settlement agreement executed on October 11, 2002, the defendants agreed to permanently cease using the challenged mark on signage, on truck displays, in advertisements, or in any other manner connected to its moving business. The complaint states that, in 2012, the plaintiff discovered that the defendants’ Internet advertising and several of their vehicles displayed the “2 Guys & A Truck” name in various unauthorized ways, including references to the business as “formerly 2 Guys & A Truck.” Despite assurances that they would comply with the settlement agreement, the defendants allegedly continued to use the infringing name. The plaintiff asserts that the defendants’ misconduct has resulted in actual confusion among consumers, causing them to mistakenly believe that the parties are affiliated in some way or that the defendants’ business is endorsed by the plaintiff.

The complaint includes counts for trademark infringement in violation of 15 U.S.C. §1114, false designation of origin in violation of 15 U.S.C. §1125(a)(1)(A), common-law unfair competition and trademark infringement, and breach of contract. The plaintiff seeks injunctive relief and damages.

The case is No. 6:16-cv-01155-EFM-GLR.

Attorneys: Michael J. Norton (Foulston Siefkin LLP) for Two Men and a Truck/International, Inc.

Companies: Two Men and a Truck/International, Inc.; Get a Move On, Inc.

News: Trademark KansasNews