On Friday, plaintiff Freightlink, Inc. filed a complaint in the District of Utah against defendant Uber Freightlink for trademark infringement, alleging a likelihood of consumer confusion.
According to the complaint, Freightlink “is in the business of shipping and transportation services” and owns the FREIGHTLINK mark in Class 039 covering “freight shipping and transportation services via truck, air, ship, and rail.” However, the plaintiff claimed that Uber is “using the term ‘Freight Link’ in its branding of shipping and transportation services” as exemplified by Uber’s webpage.
Freightlink contended that the “(u)se of the mark FREIGHTLINK or FREIGHT LINK in connection with shipping and transportation services is likely to cause confusion in light of Freightlink’s FREIGHTLINK mark.” In particular, the plaintiff noted that the “term Uber Freightlink contain(s) the entirety of the FREIGHTLINK mark” and “it is very similar in sight and commercial impression to the FREIGHTLINK mark,” particularly in connection with their similar services and trade channels. As a result, the plaintiff averred that this is likely to cause consumer confusion, mistake or deception “as to the source and origin of the underlying goods.” Additionally, Freightlink claimed that Uber is trying to use the plaintiff’s goodwill associated with its FREIGHTLINK mark.
Uber is accused of trademark infringement, unfair competition, and unjust enrichment. Freightlink has sought a declaratory judgment in its favor, an award for damages, an award for costs and fees, prejudgment interest, preliminary and permanent injunctive relief, and other relief.
Freightlink is represented by Pearson Butler, PLLC.
