Atlas Van Lines, an international transportation and logistics company, has been operating as “Atlas” since 1948. The company includes hundreds of agents across the United States and is a well-established brand throughout the country.
In 2017, Atlas Van Lines discovered their registered trademarks, including “Atlas” and “Atlas Logistics,” were being used to advertise the services of a competing trucking company, Atlas Trucking Company, L.L.C.
After repeated unsuccessful attempts to resolve the issue, Atlas Van Lines had no choice but to file suit against the infringer to protect its famous mark “Atlas” and the goodwill it has garnered over the past seven decades of use. Atlas realized it had to protect the public against misleading and confusing uses by the infringer.
The complaint included seven counts: (1) trademark infringement of the “Atlas” mark; (2) trademark infringement of the “Atlas Logistics” mark; (3) trademark infringement of the flying A mark; (4) trademark infringement of the “Atlas–The Agents’ Van Line” mark; (5) trademark counterfeiting of the “Atlas” mark; (6) trademark counterfeiting of the “Atlas Logistics” mark; and (7) common law unfair competition.
Widerman Malek attorney Mark Warzecha represented Atlas Van Lines in a two-week bench trial presenting claims that the infringing trademarks caused confusion in the marketplace and resulted in lost business.
The final judgment ruled in favor of Atlas Van Lines on all remaining claims stating that all uses of the Atlas mark, including the terms Atlas, Atlas Trucking, Atlas Trucking Company, Atlas Trucking Company, LLC, Atlas Logistics, Atlas Logistics, LLC, and Atlas Trucking and Logistics infringe Atlas’ trademarks in the transportation industry.
The judgment also issued a permanent injunction, which permanently enjoins the defendants from using, registering or applying to register any trademark, service mark, domain name, trade name, or other source identifier or symbol of origin that consists entirely of, or that includes the term “ATLAS,” or their logo as depicted in U.S. TM. The permanent injunction also required the defendants to destroy all advertising literature containing the Atlas trademark, remove signage and destroy or remove all uses of the Atlas mark from the defendants’ vehicles, tractors and/or trailers.
“It is my job to ensure my clients’ intellectual property is protected, and to fight for them when an infringing entity tries to confuse the public and obtain the benefit of our clients’ established goodwill,” said Warzecha. “I am proud to say I represent Atlas Van Lines which is a great example of a company willing to protect the public from misleading and confusing uses of its trademarks.”
