TRUCKADS® and TRUCK
ADS® are premier brand names in mobile billboards, truck side advertising
and fleet graphics. Because of our well known trademarks with the
public, trucking companies and truck side advertising brokers, there
are some companies who are trading on our well known brand name without
authorization. All of our Trademarks and Service Marks are now incontestable
pursuant to 15 U.S.C. 1065.
Businesses who knowingly engage in this type of deception are attempting
to fool the public. This occurs even though it is in violation of Trademark
laws. We aggressively pursue legal remedies to all unauthorized use
of our trademarks.
Deceptive and false advertising hurts all businesses who offer quality
products and services to their customers. Report it to your Better Business
Bureau. TRUCK ADS, LLC has been a member since 2002.
Why are trademarks protected as trademarks, including the TRUCKADS®
brand name as one word and TRUCK ADS® as two words?
Trademarks are protected for three major reasons.
1. Trademark laws help companies create a brand so consumers can be
assured they are purchasing the same product or service from the same
company every time.
2. Trademark laws give an incentive for businesses to produce quality
products and services under their brand name. Companies are assured
that consumers will look for their products and services with their
trademark if they consistently make quality goods or services.
3. Trademark laws discourage unscrupulous behavior and enrichment by
other companies who prey on other companies who market a successful
product and then sell an inferior product or service using a confusingly
similar trademark or brand name.
Q. How long will TRUCK ADS, LLC own our trademarks, service marks
and trade names?
Trademark rights can last forever in the United States. In the US, registered
trademarks are valid for six years from the date of registration, and
can be renewed as long as the mark is used. All of our service marks
and trademarks are now incontestable pursuant to 15 U.S.C. 1065.
Q. What is trademark infringement?
You may not use a trademark unless the owner has licensed the trademark
to you or otherwise given you expressed permission to use the mark.
In most circumstances, if you use a trademark without permission, you
are committing trademark infringement.
"Likelihood of Confusion" is the test for trademark infringement both
under the (federal) Lanham Act and at common law. The plaintiff in trademark
infringement cases are not required to prove that the infringer acted
intentionally. Federal dilution laws also protect trademark owners against
unauthorized use of someone's mark on non-competing goods even when
the goods and services are not related.
Q. What are the penalties for trademark infringement?
Under the (federal) Lanham Act, the remedies for trademark infringement
1. injunctive relief,
2. an accounting for profits,
3. damages, including treble damages when appropriate,
4. attorney's fees, and
5. court costs.
These remedies can be cumulative. A plaintiff may recover not only the
defendant's profits, but also damages. Both damages and profits can
be adjusted by the court to actual proven damages to three times that
demonstrated, and profits to an amount the court finds appropriate.
The Lanham Act also provides that the court may order the destruction
of "all items and products" in the defendant's possession which bear
the infringing trademark.
The Trademark Counterfeiting Act of 1984, 18 U.S.C.A. 2320 defines certain
forms of trademark infringement as "trafficking in counterfeit goods",
made punishable by up to 5 years imprisonment and a $250,000.00 fine.
The median cost for trademark cases that go all the way to trial was
estimated to be $128,000.00 in 1996, which means half the cases cost
Q. When does TRUCK ADS, LLC take action against trademark infringers?
TRUCK ADS, LLC actively, aggressively and successfully enforce their
intellectual property rights for the TRUCK ADS® and TRUCKADS® trademark
to the fullest extent of the law. TRUCK ADS, LLC takes action against
trademark infringers who have attempted to misappropriate forms of the
TRUCK ADS® and TRUCKADS® marks, including misappropriation for use as
The owners of TRUCK ADS, LLC have successfully enforced their rights
against literally hundreds of different infringers.