PHILADELPHIA - A fuel company is suing an Allentown gas station, alleging it continues to operate as if it's still a franchise.
LUKOIL North America filed a lawsuit April 27 in U.S. District Court for the Eastern District of Pennsylvania against R.K. Keystone Mobile Mart Inc., Gurmeet Singh, A Airport Texaco Inc. and Swapnesh Sharma, alleging trademark infringement and trade dress infringement.
According to the complaint, the defendants own and operate the former LUKOIL fuel station at 3575 Airport Road in Allentown even though the station no longer is a franchise under the LUKOIL name.
"To date, defendants have merely removed the LUKOIL sign, and the tear drop, leaving intact the well-known LUKOIL trade dress including the prominent use of the primary colors red and white, as well as the sergeant stripes on the canopy," the suit says.
Further, the lawsuit states the defendants "have been, and continue to be, infringing the LUKOIL trademarks and trade dress at the Allentown station by falsely selling unbranded motor fuels under the LUKOIL trademarks and distinctive LUKOIL trade dress. Such continuing, knowing and willful infringement creates a likelihood of confusion among the consuming public by deceiving them into believing the defendants' service station dispenses genuine LUKOIL brand motor fuels and other service station goods and services and that the service station is associated and connected with LUKOIL as an authorized retailer."
LUKOIL North America seeks three times the amount of damages and attorney fees. The company is is represented by attorney Brett A. Berman of Fox Rothschild in Philadelphia.
U.S. District Court for the Eastern District of Pennsylvania case number 5:15-cv-02281-JLS.