Litigation filed by Mortar Net USA, Ltd. to protect trademarks
Complaint filed against Hohmann & Barnard, Inc.
Mortar Net USA, Ltd., has filed a complaint in the United States District Court, Northern District of Indiana, Hammond Division in which Hohmann & Barnard, Inc. of Hauppauge, New York is the defendant.
The matter relates to H&B’s recent introduction of a mortar collection device using the dovetail (or keystone) shape and the distinctive green color established by Mortar Net USA as its recognized trademarks through over 20 years of sales and promotion. Additionally, U.S. Registered Trademark Numbers 3,571,383 and 3,571,384 have been issued to Mortar Net USA.
Mortar Net USA also has notified H&B of the termination of the distributor relationship that has existed between the two companies effective July 1, 2012.
Tom Sourlis, the founder of Mortar Net USA, said, “We have enjoyed a long and fruitful relationship with H&B, one of the leading distributors of masonry products. At this time of change in our distribution structure we want to assure all distributors affected by this change that Mortar Net USA is prepared to support their requirements for all of our products, including MORTAR NET®, the industry’s most reliable mortar collection device. We invite them to contact us and to begin enjoying the benefits of our top performing products and superb support services.”
Gary R. Johnson, President of Mortar Net USA added, “Mortar Net USA has used the distinctive dovetail (keystone) shape and green color as trademarks for the MORTAR NET® product since the beginning of the company. They have been featured in advertising and corporate branding and the distinctive dovetail mark has been carried over into other products, like TOTAL FLASH®. We have committed millions of dollars to associate the company and its products with this shape and color, with revenue of over $100 million realized from products having this shape and color. They are valuable assets of the company and we intend to vigorously protect our trademarks, while also protecting the market from products that certainly would be confusingly similar in appearance to the genuine MORTAR NET® product.”
About the Author
Kelly Cleveringa is the Customer Service Manager for Mortar Net USA, Ltd.