Malco Products, Inc. Accuses Mazzarella Car Care Of Registered Trademark Infringement

Sept. 7, 2008 - PRLog -- BOSTON, MA – Malco Products, Inc is accusing Mazzarella Car Care Systems, LLC of Registered Trademark Rights infringement on their Flash brand car wax products.

Mazzarella Car Care launched an automobile spray wax named Flash Wax back in May, 2007.

Edward G. Greive, an intellectual property attorney for Renner Kenner in Akron, OH states that his client has been selling a FLASH brand car wax since 1992 and therefore has established trademark rights in that mark.

According to David J. Mazzarella, President and CEO of Mazzarella Car Care “Malco may have been selling a Flash brand car wax since 1992 but they certainly didn’t file for a registered trademark on that brand with the United States Patent and Trademarks Office back in 1992.”

“I think its funny how I received this threatening letter from Mr. Greive insisting that I discontinue using the mark and select another name for my product that is not confusingly similar to theirs on August 6, 2008 and the United States Patent and Trademarks Office (USPTO) received Malco’s Registered Trademark application for Flash on July 26, 2008!” states Mr. Mazzarella.

The two symbols associated with U.S. trademarks ™ and ® represent the status of a mark and accordingly its level of protection. While ™ can be used with any common law usage of a mark, ® may only be used by the owner of a mark FOLLOWING REGISTRATION with the USPTO.

David J. Mazzarella wants to know why Malco is using the trademark symbol ® after their Flash logo when their application has not yet been approved by the USPTO?

“I could probably get them into a lot of trouble if I decide to blow-the-whistle,” asserts Mr. Mazzarella.

According to the USPTO, various jurisdictions have laws which are designed to prevent trademark owners from making wrongful threats of trademark infringement action against other parties. These laws are intended to prevent large or powerful companies from intimidating or harassing smaller companies.

Where one party makes a threat to sue another for trademark infringement, but does not have a genuine basis or intention to carry out that threat, or does not carry out the threat at all within a certain period, the threat may itself become a basis for legal action. In this situation, the party receiving such a threat may seek from the Court, a declaratory judgment; also known as a declaratory ruling.

Because there are already two U.S. companies with very similar trademark registrations to Malco’s Flash brand of car care products, the United States Patent and Trademarks office will most likely reject their application and request for a registered trademark, therefore Mazzarella Car Care Systems, LLC will continue to market and sell its Flash Wax automobile spray wax until a Federal Judge states otherwise.

Mazzarella Car Care Systems, LLC (MCCS) researches and develops bio-degradable, environmentally safe chemicals and transforms them into professional grade automobile appearance products that help auto enthusiasts and people who are into their vehicles get better results faster from the time spent cleaning & waxing cars.

If you would like more information about this topic, or to schedule an interview with David J. Mazzarella, please call April L. Anselmo, Director of Public Affairs of Mazzarella Car Care at 860.416.6887 or E-Mail her at April@MazzarellaCarCare.com

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We research bio-degradable, environmentally safe chemicals and transform them into professional grade auto appearance products that help auto enthusiasts and people who are into their cars get better results faster from the time spent cleaning & waxing.