Rulli Brothers stores have filed a lawsuit in the Mahoning County Common Pleas Court against the Four Seasons Flea & Farm Market in Campbell for trademark infringement.
The plaintiff alleges that the defendant is offering and advertising grocery services under the name “Rulli’s Deli” which is too similar to its business name.
According to the lawsuit, Rulli Brothers has been operating a family grocery business since 1917 known as “Rulli’s,” “Rulli Brothers,” “Rulli Bros.,” “Rulli Bros. Market,” and “Rulli Brothers Market,”.
Rulli Brothers reportedly opened a grocery store on Kirk Road in Austintown in February 1988 and opened a second store on South Avenue in Youngstown in March 2009.
Rulli Brothers reportedly said that it registered the “Rulli Brothers Market” and “Rulli Bros. Market” trade names with the state in 1997 and has spent extensive time, money, and resources to develop and build a market for its grocery stores, specialty items, prepared foods, deli meats, and other items.
The plaintiff reportedly said that the use of a similar name on identical services and goods is likely to confuse customers to believe that the defendant’s services and goods originated from Rulli Brothers or are in some way affiliated, connected, associate with, or approved by Rulli Brothers.
The plaintiff alleges that the use of the mark has caused lots of damages, unfair competition, and confusion.
The plaintiff is seeking a jury, permanent injunction, and payment of an unspecified amount of monetary and punitive damages.
The case is ongoing.