ST. LOUIS — An online vendor based in Wentzville is suing an online seller from New Jersey, citing alleged unfair competition.
Etrailer Corp. filed a complaint on April 10 in the U.S. District Court for the Eastern District of Missouri against Onyx Enterprises Intl Corp., d/b/a Carid.com, alleging that the online seller violated the Copyright Act and the Lanham Act.
According to the complaint, the plaintiff alleges that in 2016, Etrailer, an online vendor of motor vehicle accessories, was the sole legal owner of thousands of copyright-protected photographs and videos posted on its website. However, the images were stolen and reposted from the defendant's website. The plaintiff has suffered economic harm, and the images will likely cause confusion to online buyers. The plaintiff holds the defendant responsible because it allegedly copied and displayed unauthorized copies of the plaintiff's work on its website.
The plaintiff requests a trial by jury and seeks to have the defendant provide a positive proof of destruction of any unlawful copies of the plaintiff's works, monetary damages, attorneys fees, costs and such other relief that the court determines just and proper. The company is represented by Don V. Kelly of Evans & Dixon LLC in St. Louis.
U.S. District Court for the Eastern District of Missouri Case number 4:17-cv-01284