SAN FRANCISCO – Outdoor Pro Shop Inc. is suing a Texas company with a similar name over allegations of unfair competition.
The California-based company, which sells outdoor sporting products, filed a lawsuit Jan. 21 in the U.S. District Court for the Northern District of California against Outdoor Pro-Shop LLC, citing federal unfair competition, federal dilution, common law service mark infringement, and California dilution and unfair completion.
According to the suit, Outdoor Pro Shop believes Outdoor Pro-Shop is providing retail stores and advertising services for goods used in connection with the service mark Outdoor Pro-Shop. This is through the same channels of trade and to the same class of consumers as Outdoor Pro Shop and allegedly creates confusion, mistakes and deception for the public, the suit states.
The plaintiff is seeking a jury trial and for the court to find that the defendant is violating Outdoor Pro Shop’s rights under common law. Outdoor Pro Shop is also seeking compensation for damages and court costs. Kenneth C. Brooks at the Law Offices of Kenneth C. Brooks in Milpitas will represent the defendant.
U.S. District Court for the Northern District of California Case number 3:16-cv-00345-LB