SAN DIEGO — A Philadelphia investment company is suing a San Diego financing service company, alleging trademark infringement and unjust enrichment.
Clark Capital Management Group Inc. filed a complaint Feb. 7 in U.S. District Court for the Southern District of California against Wolfgang Capital LLC, alleging violation of the Lanham Act for Federal Trademark Infringement.
According to the complaint, on April 1, 2002, Clark Capital became sole owner of the Navigator registered mark that it used to advertise its services for stocks, bonds, annuities and mutual funds. The suit says Wolfgang Capital's True North Retirement Navigator trademark is confusingly similar to its Navigator marks, thus creating the same commercial impression.
As a result, the suit says, the unlawful conduct will continue to cause irreparable damage to the rights of Clark Capital in its trademarks and in its business, reputation and good will.
The plaintiffs allege Wolfgang Capital continues to use a registered mark despite not receiving any consent directly or indirectly from the original owners.
Clark Capital Management seeks trial by jury, compensatory, incidental and consequential damages, treble, and/or punitive damages, attorney fees, costs of court and all other just and proper relief. It is represented by attorney Brett N. Taylor of Cozen O'Connor in Los Angeles.
U.S. District Court for the Southern District of California case number 3:18-cv-00301-AJB-KSC