Low Book Sales Wins Another Trademark Infringement Case

Low Book Sales®, the largest independent car dealer in Utah, sets a precedent for defending its Federally Registered Trademark by winning a preliminary injunction against competitor Below Book Motors.

Federal Trademark Law states that: “The owner of a trademark is entitled to the exclusive right to use the mark. This entitlement includes the ability to prevent the use, by unauthorized third parties, of a confusingly similar mark.” Hence, if a business has a registered trademark and a competitor uses a name that is “confusingly similar,” then a case is made for trademark infringement. This was an instance where the public was confused about a possible affiliation between Low Book Sales and Below Book Motors. Geographically, the two lots are less than a quarter of a mile from each other on State Street in Salt Lake.

Low Book Sales was represented by John R. Crossan, who was able to establish that Below Book Motors is a confusingly similar name, and that Low Book Sales is well known in the Utah market. The court ruling determined that Below Book Motors change its name, and remove all infringing signage, logos, brochures, letterhead, etc.

Every year, many corporations in this country spend millions of dollars in defense of their registered trademarks and other intellectual properties. It is a constant process of audits, injunctions, and expensive legal battles. There is an old saying about the value of your good name. In the business world, the value of a name cannot be overstated.

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About Low Book Sales

Low Book Sales® is the largest independent car dealer in Utah with locations in Lindon City of Utah County, Salt Lake City of Salt Lake County, and Ogden City of Weber County. (www.lowbooksales.com) Low Book Sales was established over 11 years ago, and is known for catchy jingles, and phrases such as “Apply Today • Drive Away,” “A Better Way To Buy A Car,” and “Building Customers For Life.” The Low Book Sales Foundation donates $50.00 from every vehicle sold to charitable causes. Recent donations have gone to help victims of Hurricane Katrina, patients of Primary Children’s Medical Center, victims of drunk driving accidents, The Festival of Trees, and other good causes. You can read more about these donations at www.lbsfoundation.com.

Low Book Sales v. Below Book Motors, no. 07-CV-3 (D UT 2007): trademark, trade name infringement and dilution in names of auto sales lots; preliminary injunction entered after contested hearing; settled with permanent injunction entered.

company: Low Book Sales
contact person: Travis Adams Irish
e-mail: pr@lowbooksales.com
phone: 877-569-2665
site: http://www.lowbooksales.com