SAVANNAH, Ga. (CN) – A company that has been offering trolley tours of Savannah, Ga. for close to three decades says in a lawsuit that an interloper has stolen its identity and is destroying its standing with tourists.
In a complaint filed on Wednesday, Old Savannah Tours says that for almost the entirety of its existence it has been the only tour company in the city to use a “white trolley color scheme.”
The company says it has “expended substantial time, money and other resources” to advertise and promote their brand, and as a result, Old Savannah Tour’s white trolley color scheme is “widely recognized and exclusively associated in the minds of consumers and tourism industry professionals” with Old Savannah Tours; people often simply refer to them as “the white trolleys.”
Recently, the complaint says, defendant Kelly Tours Inc. launched its own version of the white trolleys, imitating Old Savannah Tours.
The plaintiff, however, was far from flattered. It claims that “Immediately after Kelly began to operate its trolleys, Old Savannah began receiving complaints stemming from Kelly’s actions.”
Consumers complain that are being bypassed by their trolleys, when “the trolley in question was not an Old Savannah trolley, but a Kelly trolley,” the complaint says.
The operators of Old Savannah Tours says on July 7 they informed Kelly Tours that it was infringing on its trade dress and other intellectual property rights, but to no avail.
“Kelly refused to accede to the request of Old Savannah and instead, asserted its position that it was entitled to continue using the White Trolley Color Scheme,” the complaint says.
Old Savannah Tours is seeking a temporary restraining order halting Kelly’s use of the white trolley colors; an interlocutory injunction; as well as compensatory and punitive damages.
Todd Baiad of Bouhan Falligant LLP of Savannah.
Representatives of the parties could not be reached for comment.
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