LUKOIL North America has filed a lawsuit against an Allentown gas station for trademark infringement and trade dress infringement, alleging that the business has been falsely operating as a LUKOIL franchise. The fuel company is seeking to recover damages and attorney fees from defendants R.K. Keystone Mobile Mart Inc., Gurmeet Singh, A Airport Texaco Inc., and Swapnesh Sharma who own and operate a former LUKOIL station at 3575 Airport Road in Allentown, PA.
The suit filed on April 27 states that “To date, defendants have merely removed the LUKOIL sign, and the tear drop, leaving intact the well-known LUKOIL trade dress including the prominent use of the primary colors red and white, as well as the sergeant stripes on the canopy”.
Going further, LUKOIL alleges that the defendants ““have been, and continue to be, infringing the LUKOIL trademarks and trade dress at the Allentown station by falsely selling unbranded motor fuels under the LUKOIL trademarks and distinctive LUKOIL trade dress. Such continuing, knowing and willful infringement creates a likelihood of confusion among the consuming public by deceiving them into believing the defendants’ service station dispenses genuine LUKOIL brand motor fuels and other service station goods and services and that the service station is associated and connected with LUKOIL as an authorized retailer.”
The case will be heard by the U.S. District Court for the Eastern District of Pennsylvania.
Trademark attorneys in Philadelphia at Sidkoff, Pincus & Green P.C. are experienced in handing all aspects of business law, including trade mark infringement. We represent clients throughout Pennsylvania and New Jersey. Call us at 215-574-0600 to schedule a consultation or submit an online contact form.