UPS (NYSE: UPS) has sued a group called the United Pot Smokers for federal trademark infringement, federal false designation of origin, federal trademark dilution, state trademark infringement, state trademark dilution, state unfair competition, state unfair business practices, state false advertising, and common law trademark infringement.
UPS alleges the group along with UPS420, THCPLant and Does 1-10 is using the UPS logo to deceptively brand and market its own company, a marijuana delivery business. UPS said the “intentional use of marketing and branding elements confusingly similar to UPS’s trademarks.”
The defendants are based in California.
“Defendants’ use of the famous UPS Mark and UPS Shield Logo for selling and shipping cannabis products in violation of state and federal laws has harmed and is continuing to harm UPS’s valuable reputation and goodwill with respect to its UPS Family of Marks, as consumers are likely to associate Defendants’ illegal activities with UPS. This association is likely to dilute the UPS Mark and UPS Shield Logo through both tarnishment and blurring,” UPS said in the complaint.
UPS said it has sent three cease-and-desist letters since becoming aware of the defendants’ business, but the alleged violations continue. The package delivery giant also claimed in the filing that the defendants are known scammers and have been scamming residents of California for years.
UPS is seeking unspecified monetary damages and asking a judge to stop the defendants from violating its trademarks.
Did you know?
The average truck driver is in uncompensated detention time for seven hours per week, according to electronic logging device data collected by FreightWaves. The FreightWaves Research Institute has announced a War on Detention to fight a problem that is costing the industry up to $25 billion in lost productivity and economic opportunity each year. For more on the effort, go to: https://www.freightwaves.com/war-on-detention.
“The news today doesn’t really change anything. The proposal is to charge small business owners more money, and we’re still opposed. In fact, with cars now in the mix, I would say we now have allies to fight against this.”
– Joseph Sculley, Motor Transport Association of Connecticut president, on Connecticut Gov. Ned Lamont’s plans to install highway tolls
In other news:
Bigger is better
The Port of Oakland is planning to add three large gantry cranes that would speed the movement of containers on and off vessels. (Logistics Management)
Kroger to add more automated warehouses
Grocer Kroger Co. has announced the addition of two automated warehouses in Florida and the Mid-Atlantic for online grocery fulfillment. (Supermarket News)
Ford to exit South America heavy truck market
European freight interests praise antitrust ruling
Freight industry stakeholders are praising a European Commission decision to deny a merger of Siemen’s and Alstom’s rail interest due to antitrust concerns. (Handy Shipping Guide)
Cargo traffic dropping
Globally, cargo traffic declined year-over-year in January, following two years of strong January growth. (Cargo Facts)
Connecticut is the latest state to look at tolling its highways. New Governor Ned Lamont had initially backed a trucks-only toll proposal, similar to Rhode Islands, but has now backed a proposal to toll all vehicles at as many as 53 locations in the state, potentially raising $800 million a year in revenue. States are increasingly turning to tolls as a way to raise needed infrastructure revenue, trying to fill gaps that have been left by federal fuel taxes that have not risen in more than 25 years.
Hammer down everyone!