The Great American Bagel Enterprises Inc. has filed suit in federal court against The Great American Eagle after Great American Eagle recycled an old sign of the bagel company and used it on the front of its store.
Great American Eagle switched a couple of the letters around in old sign for Great American Bagel and used it on the front of its store. Great American Eagle is a gas and convenience store in Evansville. Great American Eagle is owned by United HBA Corporation and Harbhajan Singh.
“United HBA is displaying a sign formerly used in connection with a The Great American Bagel store having modified to read ‘The Great American Eagle.’ Other than rearranging the last word, removing the ‘B’ and adding an ‘E,’ the signage displayed is precisely the same signage displayed at The Great American Bagel store,” the complaint says. It was filed in the U.S. District Court for the Southern District of Indiana’s Evansville Division.
GAB claims federal trademark infringement, false designation of origin, false advertising and unfair competition under the Lanham Act Section 43(A), unfair competition- trade name infringement, unfair competition-passing off and unjust enrichment.
GAB is asking the court to stop Great American Eagle’s use of the sign and destroy it in the presence of an official designed by GAB, award damages under the Lanham Act, require that Great American Eagle perform corrective advertising and other punitive damages.