HARRISBURG — A Pennsylvania corporation is suing Blastcrete Equipment Company Inc., d/b/a Neal Manufacturing, a division of Blastcrete Equipment Company, an Alabama corporation, citing alleged trademark infringement and unfair competition.
Shippensburg Equipment Company Inc., d/b/a Nealco Equipment LLC, a division of Shippensburg Equipment Company Inc., filed a complaint on July 18 in the U.S. District Court for the Middle District of Pennsylvania against the defendant, alleging that the Alabama corporation used the marks NEAL and NEAL & Design to promote its business.
According to the complaint, the plaintiff alleges that it suffered damages to its business as the result of its trademark being used without its authority. The plaintiff holds the defendant responsible because the defendant allegedly continued to use the plaintiff's trademark to promote and advertise its business despite receiving a cease and desist letter from the plaintiff.
The plaintiff requests a trial by jury and seeks a permanent injunction barring the defendant from further infringing on the plaintiff's trademarks, an order that all advertisements and any infringing materials be delivered up to the plaintiff for destruction, punitive damages and exemplary damages, interest, court costs and any further relief the court grants. It is represented by Lewis F. Gould Jr., Maxim A. Voltchenko and Sean P. McConnell of Duane Morris LLP in Philadelphia and of Keller, Keller and Beck, LLC in Chambersburg.
U.S. District Court for the Middle District of Pennsylvania Case number 1:16-cv-01466-JEJ