ST. LOUIS — A St. Louis company is suing Delaware corporations, citing alleged trademark infringement and unfair competition.
Emerson Electric Co. filed a complaint Aug. 25 in the U.S. District Court for the Eastern District of Missouri Eastern Division against Emerson Quiet Koll Co. LTD. and Home Easy LTD, alleging the defendants violated the Lanham Act.
According to the complaint, the plaintiff alleges that since 1890, it has continuously used Emerson trademarks in connection with a wide range of products and are valuable symbols that identify Emerson Electric as the source certain products and services. The defendants allegedly use of the mark without consent, which the plaintiff claims will cause confusion and false designation about the original owner of the products.
The plaintiff holds Emerson Quiet Koll Co. and Home Easy responsible because the defendants allegedly use marks without the authorization or consent in connection with the sale, offering for sale and distribution of products that will likely to cause confusion, deception and mistake by purchasers and the consuming public.
The plaintiff requests a trial by jury and seeks injunctive relief canceling the registration of the infringing products, award of all costs, attorneys' fees, treble damages as applicable, and such other and further relief as the Court deems just and proper. They are represented by Joel R. Samuels of Harness, Dickey & Pierce PLC in Clayton.
U.S. District Court for the Eastern District of Missouri Eastern Division case number 4:17-cv-02309-JMB