"The parties thus entered into a series of agreements beginning in 1966 and continuing through 2012 to, among other things, prohibit PMI from using Stanley as its company name, limit PMI’s use of Stanley to specific categories of goods and place strict requirements on PMI’s website domain name and on how PMI’s advertising and goods had to be displayed and/or marked.”.
“PMI’s breach of contract and trademark infringement poses an imminent threat of irreparable harm to Stanley, the Stanley brand, and the goodwill and advantageous business relationships that Stanley has earned by using Stanley in commerce for almost two centuries,” the suit claims.
Stanley Black and Decker claims that PMI agreed in the updated agreement to use its company name — PMI — in conjunction with the Stanley name in order to differentiate the brands.
Over a half-century ago, Stanley and PMI’s predecessor recognized both the extent of Stanley’s senior rights and that PMI’s use of Stanley, if unconstrained, was likely to cause consumer confusion," the lawsuit alleges.
Stanley Black and Decker said it wants to protect its brand and reputation after PMI — which makes Stanley cups — was forced to recall 2.6 million cups due to faulty lids that led to burns.
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