Low Book wins injunction against rival Below Book

0 Comments | Deseret News (Salt Lake City), Feb 8, 2007 | by Dave Anderton Deseret Morning News

Low Book Sales and Leasing of Salt Lake City has won a preliminary injunction against a rival startup used-car dealership in a trademark infringement lawsuit.

U.S. District Judge Dee Benson last week ordered Below Book Motors Inc. of Murray to stop using the "Below Book Motors" name and logo. The court said the defendant's name and initial logo bore "a striking resemblance" to the plaintiff's name and mark.

But Christopher Platts, co-owner of Below Book Motors, said the case is really about a big company beating up on the little guy.

"The state of Utah gave us our business license and our dealer bond and said the name was just fine," Platts said. "The research on trademarks that was available did not have a conflict with anybody. We made our best efforts to make sure we weren't going to make anybody mad."

Low Book Sales and Leasing, known for its advertising jingles, has been in the automobile sales business since 1996. According to court documents, the company spends roughly $150,000 per month on advertising and made $100 million in revenue in 2006.

Low Book Sales said the defendant's similar company name and logo, "BB," caused "substantial consumer confusion" and diverted sales to Below Book Motors, court documents said. Calls by the Deseret Morning News to Low Book Sales were not returned by publication deadline.

Below Book Motors, which was incorporated in Utah in November 2006 and opened for business in January, is located just seven blocks from Low Book Sales. Platts said he dropped the company's logo, including changing fonts, colors and wording on its signs, after Low Book Sales in December threatened legal action.

"I've made my best efforts to comply," Platts said. "I honestly do not care what our name is as long as people can find me."

Platts said his company's new name will be 40th Street Motors, assuming no one else already has claimed that name.

E-mail: danderton@desnews.com