Insurance company doesn't want people thinking it runs party buses, so it sues transportation company with a similar name
A subsidiary of the Dedham's Norfolk & Dedham Group that has a program to offer gift cards to safe drivers called N&Drive, says the last thing it needs is to be associated with party buses, so it's suing N&D Night Out of Easton, which offers party buses and vans, to try to force that company to change its name.
In a trademark suit filed yesterday in US District Court and Boston, Newbury Corp., which uses the same stylized "N&D" logo as its parent insurance company, says its logo has been around since at least 1953, and its N&Drive program since 2019.
Defendant's "Party Bus" transportation services that encourage safe driving by providing alcohol and other entertainment are closely related to the services covered by Newbury's federally registered N&D Marks used with automobile insurance and safe driving rewards. As a result of the similarity of services, the public is likely to be confused and will likely continue to be confused about whether Newbury is the source of Defendant's services or whether Newbury sponsors or Defendant's services or Defendant is affiliated with Defendant and authorized to use Defendant's N&D Marks.
In addition to requesting an order to make N&D Night Out cut it out, the suit seeks damages and attorney's fees.
Attachment | Size |
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Complete complaint | 87.05 KB |
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Comments
Glad it isn't...
A&D ointment being challenged.
Negativity & Defeatism is my trademark.
If they come after me, it's no point fighting them.
If they win, I hope they
If they win, I hope they celebrate and rent a party bus.
Easton!!!
Easton has made it to UHub!!! Now I have to figure out which end of 138 this party bus is….
N & D
I guess I can see it
but also seriously, get a more distinct name and logo.
IANAL
But if the N&D for the insurance company is a registered trademark® then N&D party buses will lose. The party bus company should just change it and avoid court costs.