A Leawood-based company, Wheatland Enterprises Inc., doing business as Overland Limousine has sued her competitor, Overland Limo Services, in federal court in Kansas for trademark infringement.
Wheatland Enterprises has been operating since 1979 in Kansas with a registered trademark of “Overland Limousine” and “Overland Chauffeured Services” having its website domain – www.kclimo.com registered in 1998 which has consistently been active till 2000. The plaintiff controls a variety of 18 wordings for its website, including “overlandlimo.com” and “overland-limos.com.”
According to the lawsuit, the plaintiff is accusing Nikolas Saylor, the owner of Overland Limo Services of establishing a company with similar name, similar website domain – overland-limo.com which infringes on plaintiff trademark.
A cease and desist letter was sent to the defendant in 2016 to stop infringing on the plaintiff trademarks. The plaintiff alleges that sequel to the letter sent, the defendant removed the infringing content and shut down the website potentially indicating that the issue had been settled.
The plaintiff further alleges that the defendant company name and website, Overland Limo, confuses customers which would hamper the plaintiff reputation and lead to unfair competition.
Wheatland seeks treble damages and punitive damages. The company also seeks a temporary restraining order and a preliminary and permanent injunction against Saylor and his businesses to keep them from using Wheatland’s trademarks and misleading consumers into believing they are doing business with Wheatland or a company sponsored or authorized by Wheatland.