SAN DIEGO – The owner of a retail shopping center claims that a planned shopping center with a similar name will cause customer confusion.
T-C Forum at Carlsbad LLC filed a complaint on Aug. 23 in the U.S. District Court for the Southern District of California against
Thomas Enterprises Inc. and Does 1-10 alleging false designation of origin, false endorsement, unfair competition and other counts.
According to the complaint, the plaintiff alleges that since July 2011, it owned a commercial retail space known as the Forum at Carlsbad. It alleges that in June, it mailed a cease and desist letter to the defendant to stop using the name Hillside Forum for a potential retail shopping center across the street from the plaintiff's location, believing the similar names would cause confusion among customers.
The plaintiff holds Thomas Enterprises Inc. and Does 1-10 responsible because it believes the name Hillside Forum infringes its unregistered service marks and trade names.
The plaintiff requests a trial by jury and seeks judgment against defendants, damages, costs, expenses, and attorney’s fees. It is represented by Matthew A. Newboles and Stephen Z. Vegh of Stetina Brunda Garred & Brucker in Aliso Viejo.
U.S. District Court for the Southern District of California Case number 16-cv-02119