Service Mark and Logo Achieve Incontestable Status
November 6, 1998
Imitation may be the highest form of flattery, but when it violates a companys registered trademark, the imitator could be facing a lot of trouble. Thats what two air duct cleaning contractors learned recently when then infringed upon the trademark owned by DUCTBUSTERS® , the HVAC system and air duct cleaning industrys most dynamic franchise network.
The name DUCTBUSTERS® and the companys distinctive logo were first registered with the state of Florida on December 1, 1989. The name and logo were registered with the United States Patent and Trademark Office in June 1992. According to federal law, a trademark reaches "incontestable status" after five years of use. DUCTBUSTERS® name and logo trademarks are both incontestable and will remain so for the duration of the federal registration. International registration has also been filed in India, Canada, and Brazil.
Recently DUCTBUSTERS® discovered that two contractors one in New York and another in Florida had infringed on their trademark rights by illegally using the identical name and a similar logo in commerce. To protect the rights of DUCTBUSTERS® and the seventeen owners of DUCTBUSTERS® franchises, letters from the franchisors attorney were immediately dispatched.
"We invested a lot of money in making our name and logo well known. They carry a lot of respect in the communities where DUCTBUSTERS® franchises are established. We are committed to taking every action necessary to protect our rights," said Tom Yacobellis, company President and CEO.
The New York contractor caught infringing on the DUCTBUSTERS® mark was quick to respond to the cease-and-desist order and agreed to discontinue use of the name immediately. In the Florida case, the offending contractor not only complied with the cease-and-desist demand, but also turned over customers to DUCTBUSTERS® who had mistakenly called the wrong company.
In addition to its trademarked name and logo, DUCTBUSTERS® is owner of U.S. Patent No. 5,186,759, titled, "A Method for Cleaning and Removing Harmful Microorganisms from an Air Conditioning System." The patented process is extremely effective and licensed for use exclusively to DUCTBUSTERS® franchisees.
The DUCTBUSTERS® network currently includes 21 franchise locations throughout the United States, with 3 operations in India. Poised for rapid expansion, the company encourages HVAC contractors and others with an interest in offering commercial and residential ventilation cleaning services to contact them and learn how to join their team.
For more information call 1-877-382-8987, email at email@example.com or visit DUCTBUSTERS® on the world-wide-web at www.ductbusters.com.
Buster Enterprises Inc. is the franchisor of DUCTBUSTERS®, the indoor air quality, remediation and diagnostic network. The leader in IAQ franchises, they offer training, support, patented remediation methods, a clearly recognizable name and logo, and the most advanced and effective business management system of its kind.
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Buster Enterprises Inc.
2030 Main Street
Dunedin, FL 34698
FAX: (727) 442-3380