BALTIMORE -- A Baltimore business is facing a multimillion-dollar trademark infringement lawsuit filed by convenience store retailer 7-Eleven Inc., reported WBAL-TV.
The chain said in its 13-page lawsuit that a store by the name of "7-Even" is infringing on its trademark by using a similar name and logo.
Attorney Jim Astrachan said the courts will examine if the owners of 7-Even intentionally adopted a similar name.
"The courts have said if it's your intention to infringe, then we will presume that you have infringed. That's a very, very difficult box to get out of once you put yourself into it," he told the news outlet.
Daniel Geda, the owner of 7-Even, told WBAL that he has owned his store for two years and that it was not his intent to copy anything from 7-Eleven. The report does not indicate the origin or significance of the convenience store's name.
Astrachan said the courts will question if 7-Even had the intention to take some of the goodwill of 7-Eleven.
"If the court finds that's the case, then often times, regardless of whether the plaintiff, 7-Eleven, can actually prove infringement, the court will presume that infringement has occurred because there is confusion as a result," he said.
Declining to comment directly on a case that is currently in litigation, in a statement provided to CSP Daily News, spokesperson Margaret Chabris said, "7-Eleven Inc. owns some of the most recognizable brands in the world and takes its obligation to protect those brands, names and trademarks very seriously."
The 7-Eleven lawsuit also claimed the Baltimore business is selling Slurpees under the same name, an allegation that Geda denies, the report said. He showed WBAL the "slushy" machine, which appeared to be generic and makes no mention of Slurpee.
Geda said that he is willing to change the name of his convenience store if it means 7-Eleven will drop the lawsuit, he told the news outlet.
Click here to view the full WBAL report.
Source: WBAL
Dallas-based 7-Eleven operates, franchises or licenses more than 10,300 7-Eleven stores in North America. Globally, there are more than 53,300 7-Eleven stores in 16 countries. During 2013, 7-Eleven stores generated total worldwide sales close to $84.5 billion.
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