Intellectual Property Law

Maryland IP Litigation 2008: Lawsuit Summary No. 18

By Brian Wm. Higgin

• #18: Sunoco, Inc. (R&M) v. IDK, Inc., No. 8:2008cv00605; filed March 6, 2008; assigned to J. Titus 

     Pennsylvania-based Sunoco, Inc., markets and distributes petroleum products, including motor fuels, to distributors and service stations in Maryland. According to its complaint, Defendants IDK, Inc., and IDK Properties are Maryland entities, and Defendant Kogod is a Maryland resident. Reportedly, Sunoco's predecessor in interest and one or more of the Defendants entered into a reseller agreement that permitted IDK to use certain of Plaintiffs' trade names, trademarks, and trade dress in connection with the sale of motor fuel at Defendants' premises. Plaintiff is alleging, among other things, infringement of the SUNOCO and SUN trademark, and deceptive trade practice in violation of Md. Code Ann., Com. Law §13-301(2)(i):

"Unfair or deceptive trade practices include any: (2) Representation that:
(i) Consumer goods, consumer realty, or consumer services have a sponsorship, approval, accessory, characteristic, ingredient, use, benefit, or quantity which they do not have."  

     Charles Carpenter of Pepper Hamilton LLP (Washington, DC) filed the complaint on behalf of Sunoco.

 

Full post as published by Maryland Intellectual Property Law Blog on March 30, 2008 (boomark / email).