SAN FRANCISCO — A motorhome manufacturer is suing Stay Adventurous LLC, a California corporation, citing alleged trademark infringement, false advertising and unfair competition.
Erwin Hymer Group North America Inc. f/k/a Roadtrek Motorhomes Inc. filed a complaint on Oct. 21, in the U.S. District Court for the Northern District of California against Stay Adventurous LLC alleging that the California corporation obtained profit through the use of infringing trademarks.
According to the complaint, the plaintiff alleges that Erwin Hymer Group North America Inc. f/k/a Roadtrek Motorhomes Inc. discovered that defendant was flagrantly using their "Roadtrek" mark in a prominent fashion to market itself to customers on its website for motorhome rentals, which caused significant and irreparable harm to plaintiff, including the loss of long-standing customer relationships, loss of goodwill, damage to its reputation and its ability to market its own products.
The plaintiff holds Stay Adventurous LLC responsible because the defendant allegedly traded on plaintiff's registered trademark, goodwill and reputation to entice possible customers, deceived the public to its misleading representations, and confused customers to its true affiliation and connection with plaintiff.
The plaintiff requests a trial by jury and seeks judgment against defendant, declaratory relief, preliminary and permanent injunction, damages, interest, profits from infringement, attorney's fees, costs and further relief as the court deems just. They are represented by Giovanna A. Ferrari of Seyfarth Shaw LLP in San Francisco.
U.S. District Court for the Northern District of California Case number 3:16-cv-06094