Indiana Intellectual Property Law News
Indianapolis, Indiana – Vroom, Inc. (“Vroom”), the Plaintiff, apparently began selling used vehicles online in 2013. As e-commerce has taken off, Vroom sought and registered numerous trademarks including those at issue in this case as shown below (the “Vroom Marks”).
| Mark | Registration No./Serial No. |
| VROOM | 4,917,005 |
 |
5,076,055 |
| VROOM | 5,592,887 |
 |
5,436,572 |
| VROOM GET IN | 5,964,489 |
| VROOM | 6,075,286 |
 |
6,070,931 |
| VROOM | 87/287,698 |
According to the Complaint, Vroom became aware of Defendants’, Midwest Motors LLC, d/b/a Vrooomsace Car Selection and Khaled Alragwi, use of VROOMSACE, VROOMSACE CAR SELECTION, VROOMCARS.COM, vroomcars.com, and vroomindy.com in connection with the buying and selling of used cars (collectively the “Allegedly Infringing Properties”) in December 2020. Counsel for Vroom apparently sent multiple letters and emails to Defendants and even attempted to contact Defendants by phone to inform them of their allegedly infringing actions. As of the filing of the Complaint, Vroom claims Defendants did not respond to any of the cease and desist communications and continued using the Allegedly Infringing Properties.
Vroom claims Defendants’ use of the Allegedly Infringing Properties is likely to cause confusion or deceive customers as to the connection of the Defendants and Vroom. Therefore, Vroom is claiming Defendants’ activities and use of the Allegedly Infringing Properties constitute trademark infringement in violation of 15 U.S.C. § 1114. Also, under the Lanham Act, Vroom is seeking damages for false designation of origin and unfair competition in violation of 15 U.S.C. § 1125(a). Vroom is further claiming Defendants’ actions constitute common law unfair competition and trademark infringement. Finally, Vroom claims Defendants are in violation of the Anti-cybersquatting Consumer Protection Act under 15 U.S.C. § 1125(d) for using and registering the domain names “vroomindy.com” and “vroomcars.com.”
The case was assigned to Chief Judge Tanya Walton Pratt and Magistrate Judge Tim A Baker in the Southern District and assigned Case 1:21-cv-00715-TWP-TAB.