Beantown Home Services sues Beantown Home Improvements for trademark infringement; neither concern is actually located in Beantown

A company in Plymouth called Beantown Home Services yesterday filed a federal trademark-infringement suit against a company in Middleboro called Beantown Home Improvements.

In its lawsuit, filed in US District Court in Beantown, the Plymouth company said it has been using its name since at least 2005, that its customers and prospective customers across the greater Plymouth area typically just call it Beantown - the company provided some Yelp reviews as proof - and that the Middleboro Beantown is just trying to horn in on its action, from its location a short drive from Plymouth.

Plymouth Beantown used other Yelp reviews to show that t customers and prospective customers of the Middleboro Beantown - started in 2014 - also call it just Beantown, as proof of the confusion its causing in the home improvement and repair arena south of the real Beantown.

Over time, Defendant's use of the BEANTOWN mark grew, and Defendant's service area expanded, ultimately encroaching upon Plaintiff's service area and encompassing the entire town of Plymouth, the location of Plaintiff's headquarters since 2005.

Defendant's use of the identical BEANTOWN mark in the same geographic area and in relation to services that are identically classified and highly related or identical to those of Plaintiff is likely to cause confusion, to cause mistake, or to deceive as to the affiliation, connection, or association of Defendant with Plaintiff or as to the origin, sponsorship, or approval of Defendant's goods, services, or commercial activities.

Indeed, as Defendant is demonstrably aware, Defendant's use of the identical BEANTOWN mark has caused actual consumer confusion, mistake, and deception as to the affiliation, connection, or association of Defendant with Plaintiff and as to the origin, sponsorship, or approval of Defendant's goods, services, or commercial activities with respect to those of Plaintiff.

By the use of the confusingly similar - indeed identical - BEANTOWN trademark and by its other purposeful activities, Defendant has engaged in a course of conduct that has confused, deceived, and harmed consumers, that has induced a false association between Plaintiff and Defendant, and that has harmed Plaintiff and Plaintiff’s rights in the BEANTOWN trademark.

Defendant is likely to continue this course of conduct and to cause further confusion, deception, and mistake and further harm to Beantown’s valuable rights if permitted.

Why, if you can imagine, the Middleboro Beantown had the nerve to seek the same sort of federal trademark registration the Plymouth Beantown had already gotten, claiming it had exclusive use of the name for "home improvement" in the area, Plymouth Beantown charges.

Plymouth Beantown said it tried to avoid getting the courts involved by first asking Middleboro Beantown nicely to knock it off and stop calling itself Beantown, but that the newer concern turned around and demanded Plymouth Beantown give up its name, and so here we are.

In its complaint, Plymouth Beantown formally alleges violations of both federal and Massachusetts common-law trademark regulations and violations of a Massachusetts law against unfair competition and deceptive advertising.

It is seeking a court order to the US Patent and Trademark Office to cancel Middleboro Beantown's trademark, the seizing of any infringing materials that use "Beantown" on them, money equal to all the profit Middleboro Beantown has made using that name, treble damages and attorneys' fees.