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Baton Rouge-based Quality Court Industries LLC is suing Texas-based TBK Partners LLC for trademark infringement.
QCI specializes in the construction of basketball, pickleball and tennis courts as well as other sporting facilities. TBK, doing business as Quality Courts & Outdoors, offers similar services.
According to the lawsuit filed with the U.S. District Court for the Middle District of Louisiana on Nov. 1, QCI claims to hold both common law and federal trademark rights to the “Quality Court Industries” mark.
QCI alleges that TBK’s “Quality Courts,” “Quality Courts & Outdoors” and “Quality Courts and Outdoors” marks are “confusingly similar” to its Quality Court Industries mark and that this similarity has led to customer confusion and allowed TBK to unfairly profit from QCI’s reputation.
QCI has used its Quality Court Industries mark since 2001, while TBK began using its marks as recently as 2021, documents show. QCI contends that TBK is using its marks in many of the same geographic areas in which QCI operates, including in and around Louisiana and Texas.
QCI claims to have issued two cease-and-desist letters to TBK—one in May 2023 and one in October—requesting that TBK stop using the marks in question. QCI alleges that, despite these warnings, TBK has continued to use the marks.
In addition to an injunction prohibiting TBK from using the allegedly infringing marks, QCI is seeking treble damages for trademark infringement, false designation of origin and unfair competition with amounts to be proven at trial; monetary compensation for any profits earned through the alleged infringement; and reimbursement for legal costs.
To safeguard potentially recoverable funds, QCI is asking that an asset freeze or constructive trust be imposed over all monies in TBK’s possession that might be recovered. QCI is further requesting that all materials bearing the allegedly infringing marks be delivered for destruction.
Quality Courts & Outdoors declined to comment on the ongoing litigation.
