A. Simon & Sons accuses Simonfurniture of infringing its common law trademark in “Simon’s” and “Simon’s Furniture.” A. Simon was formed in 1911, and says it has used the “Simon’s” and “Simon’s Furniture” since at least 1993 for retail and online furniture sales, and has used www.simonfurniture.com as its website. A. Simon alleges it has used a number of additional “Simon’s” marks for its retail services for a number of years. A. Simon says that it became aware that the defendants were using labels that included “Simon Warehouse,” “Simon Furniture,” and “Simon Furniture Int.” when A. Simon began receiving calls requesting service and complaints about furniture sold by the defendants. The labels did not include any further identification of the sellers or manufacturers, leading consumers to believe that the products originated from A. Simon. The defendants’ products were sold through Amazon and Wayfair, and Wayfair itself had mistaken A. Simon for the defendants, communicating with A. Simon about purchase orders that were actually made with the defendants. In addition to trademark infringement, A. Simon asserts claims of false designation of origin and dilution under the Lanham Act and under Massachusetts state law, and violation of 93A. A. Simon seeks damages and injunctive relief, including a requirement that the defendants transfer the “simonfurniture.net” domain to A. Simon and an order requiring the defendants to change their corporate names.
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