One of the nation’s largest trucking companies is taking on retail giant Amazon over their use of the word “Prime” on their truck’s trailers.
Springfield, Missouri-based trucking company Prime Inc. filed suit against Amazon in the Western District of Missouri on July 2, 2019, for past and current trademark infringement.
The lawsuit argues that confusion over Amazon’s use of the word “Prime” has caused Prime Inc. “irreparable injury to its business, reputation and goodwill.” The suit claims that since both companies are in the transportation industry, customers who have bad experiences with Amazon could blame Prime Inc., causing damage to the company’s reputation.
In the lawsuit, Prime Inc. argues that they have used the Prime logo on their trailers and marketing materials since the 1980s. Prime, Inc. says that when Amazon started using the Amazon Prime logo on its trailers in 2016 and 2017, they informed Amazon about the alleged trademark infringement, but that Amazon continued to use the “Prime” branding on their trailers.
“Nevertheless, Amazon has persisted in displaying one or more of the Accused Marks on trailer trucks and other shipping and transportation vehicles in commerce, and thereby has continued to infringe Prime Inc.’s exclusive rights and has continued to engage in unfair competition in violation of the Lanham Act. Amazon’s infringement and unfair competition are therefore intentional, willful, and malicious,” the lawsuit says.
The suit also contends that the logo used by Amazon is “identical in appearance, sound, meaning, and commercial impression” to the logo used by Prime, Inc.
In the suit, Prime, Inc. has asked for “the greater of three times Amazon’s profits or three times any damages it has sustained as a result of Amazon’s past and current trademark infringement and related unfair competition.”
Prime, Inc. has requested a jury trial in their trademark suit agains Amazon.