Money

Missouri trucking company sues Amazon Prime for trademark infringement

SPRINGFIELD, Mo. - Prime, Inc., a trucking company in Springfield, is taking on Amazon Prime -- alleging trademark infringement. 

The trucking company has used its 'PRIME inc.' marks in commerce for nearly forty years in connection with transportation, trucking and shipping services. The company says Amazon has used and continues to use confusingly similar marks, including in its shipping services and on its tractor-trailers. 

Prime, Inc. says Amazon Prime is using the same transportation channels in which Prime, Inc. has provided its services since 1980 under the 'PRIME inc.' marks.

Prime, Inc. says the similar markings are causing them to "suffer immediate and irreparable injury to its business, reputation, and goodwill for which there is no adequate remedy at law."

The lawsuit filed by Prime, Inc. states "The Accused Marks are identical in appearance, sound, meaning and commercial impression when compared to the PRIME inc. marks, as the dominant component of each of these marks -- the word "prime" -- is the same."

The document goes on to state "Amazon's display of one or more of the Accused Marks on trailer trucks and other shipping and transportation vehicles in commerce has caused, and unless enjoined by the Court, is likely to continue to cause confusions, mistake, and/or deception among consumers..."

There are several counts listed in the lawsuit: 
    1) Federal Unfair Competition 
    2) Common Law Trademark Infringement
    3) Common Law Unfair Competition
    4) Cancellation of U.S. Registration No. 3,234,643

Prime, Inc. is asking for monetary damages "including the greater of three times Amazon's profits or three times any damages sustained by Prime Inc. on account of Amazon's acts of infringement and unfair competition.."

The trucking company is requesting a jury trial.

Read the full lawsuit here.


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