Chester-based Power Home Remodeling has filed a lawsuit in the Pennsylvania Eastern District Court against a solar panel design and installation company, PowerHome Solar, based in Mooresville, North Carolina for trademark infringement.
The plaintiff alleges that the defendant is using its name without permission to confuse customers and lead them to believe the companies were related.
Power Home Remodeling reportedly said that PowerHome Solar began infringing on its trademark when PowerHome Solar was created as an LLC in August 2014.
The plaintiff reportedly said that it has been operating under its current name since 2011 although it was founded in 1992 as Power Windows and Siding. The solar company offers roofing services along with its panel installation offerings, and the remodeling company extended into offering solar services and products in 2016.
The plaintiff alleges that it has invested significant time and resources to develop and build its reputation and the goodwill behind Power’s name and trademarks.
The plaintiff reportedly said that Power Home Remodeling has earned industry recognition from Glassdoor, Angie’s List, and Qualified Remodeler named Power Home Remodeling as the largest residential re-roofer in 2017 and third-largest remodeling company in the U.S.
The plaintiff reportedly said that the defendant colour scheme is similar to Power Home Remodeling’s which has caused consumer confusion.
The plaintiff alleges that the infringement has caused confusion, great damage to its business, goodwill, reputation and profits, and unfair competition.
Power Home Remodeling is seeking to cancel the PowerHome Solar trademark, destroy any materials bearing the PowerHome name and require PowerHome Solar to pay unspecified damages as well as legal feels and all profits generated from the use of the mark.
The case is ongoing.
POWER HOME REMODELING GROUP LLC v. POWER HOME SOLAR LLC
|Judge:||Michael M Baylson|
|Court:||Pennsylvania Eastern District Court|
|Nature of Suit:||Trademark|
|Case Filed:||May 28, 2020|