Title Guaranty Claims Rival Title Company Infringing On Its Trademark

  • Tuesday, July 2, 2024
Title Guaranty
Title Guaranty

Chattanooga's oldest title company is suing a competitor in Federal Court on claims of trademark infringement.

Title Guaranty and Trust Company of Chattanooga, which started in 1887, is suing Cumberland Title & Guaranty Company, which dates to 2007.

The suit notes that Title Guaranty has long operated from an historic building at 617 Walnut St.

It says Cumberland Title in mid-2022 acquired the historic Carnegie Library building on East Eighth Street at Georgia Avenue.

The two buildings have some similar architectural features, including tall columns at the front enclosing an arch with windows and doors below.

The suit says, "Soon after moving its offices, Defendant placed the Cumberland Title & Guaranty Co. name on the Carnegie in a font, position, and location highly similar to the font, position, and location of Plaintiff’s name on its office building.

"Additionally, Defendant has begun using an image of a portion of the Carnegie building as a trademark.

"Defendant’s Building Trademark does not show the entire Carnegie building. Instead, Defendant’s Building Trademark is a cropped version showing a portion of the Carnegie building, which makes Defendant’s Building Trademark more closely resemble the Title Guaranty & Trust Co. building and Plaintiff’s Building Trademark.

"Defendant’s Building Mark is highly similar to Plaintiff’s Building Mark.

"Defendant’s Services are substantially identical to Plaintiff’s Services.

"Defendant’s Service are provided within Plaintiff’s Trade Area."

The suit also says, "Defendant’s use of Defendant’s Building Mark for Defendant’s Services has caused and is likely to cause confusion among consumers, the trade in general, and the public at large as to the source of Defendant’s Services vis-à-vis the source of Plaintiff’s Services offered under Plaintiff's Building Mark."

The complaint, filed by attorney Michael J. Bradford of Knoxville, asks a restraining order against Cumberland Title and also seeks monetary damages.

Cumberland Title
Cumberland Title
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