SAN FRANCISCO – A Florida-based delivery service company alleges an Australian company doing business in California uses a similar name.
Dude IP LLC filed a complaint on Sept. 22 in the U.S. District Court for the Northern District of California against Delivery Dude Pty LTD alleging trademark infringement.
According to the complaint, the plaintiff alleges that it suffered damages to its Delivery Dudes business from having its trademark used, which also likely to cause confusion to its customers. The plaintiff holds Delivery Dude Pty LTD responsible because the defendant allegedly used the Delivery Dudes and DD Delivery Dudes trademark on its website as well on their apps.
The plaintiff requests a trial by jury and seeks enjoin the defendant from further infringing plaintiff's trademark, award plaintiff all damages and profits, enhanced compensatory treble damages, statutory damages, all legal fees and any other relief as the court deems just. It is represented by Amy T. Brantly and Trevor V. Stockinger of Kesselman Brantly Stockinger LLP in Manhattan Beach and by Heidi Howard Tandy of the Law Office of Heidi Howard Tandy in Miami Beach, Florida.
U.S. District Court for the Northern District of California Case number 5:16-cv-05424-NC