Tuesday, August 16, 2011

New Trademark Infringement Case Filed in DRI --- FM Global Seeks to Protect its FM and Diamond Certification Mark

FM Approvals, LLC v. Fullco Industries, Inc., No. 11-cv-00327-L (D.R.I. filed July 28, 2011).

A new trademark complaint was filed in the District of Rhode Island on July 28th. In its Complaint, FM Approvals LLC, a subsidiary of FM Global, claims federal and state trademark rights in a four-sided diamond containing the letters "FM." for its third party testing and product certification services.  FM's mark is a certification mark, like the Good Housekeeping Seal of Approval, and is registered with the U.S. Patent and Trademark Office.  FM Approvals tests and certifies numerous products, including roofing and building material products, classroom materials, and electrical and fire protection equipment.    According to the Complaint, FM Approvals's certification process assures customers that a product has been tested by an objective third party and conforms to rigorous standards. 

FM Approvals claims that Fullco is selling industrial products such as bushings and bearings, fasteners and screws that are of the type used in building assemblies certified by FM Approvals, and has been casting a design consisting of an "F" inside a four sided diamond onto its products. Fullco's mark also has been registered with the U.S. Patent and Trademark Office. 

FM Approvals seeks damages on counts of federal trademark infringement and federal and state law unfair competition, and seeks cancellation of Fullco's federal trademark registration for its "F" and four sided diamond mark.. The case has been assigned to Judge Lisi.

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