Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: THURSDAY, June 30, 1994 TAG: 9406300137
SECTION: VIRGINIA PAGE: C5 EDITION: METRO
SOURCE: Associated Press
DATELINE: NORFOLK LENGTH: Short
``The goodwill of Wal-Mart's business under its Wal-Mart registered trademark is of enormous value, and Wal-Mart will suffer irreparable harm should infringement be allowed to continue,'' said the suit filed in U.S. District Court in Norfolk.
Wal-Mart, based in Bentonville, Ark., has a store in Chesapeake about a mile from Wal-Mart Homes.
Wal-Mart wants the mobile home company to turn over its labels, stationery, business cards, signs and advertising to be destroyed. The suit also seeks unspecified damages and an injunction to stop the use of its name.
The lawsuit also named Tim Langford, a Wal-Mart Homes employee, as a defendant, although he apparently is not a principal in the company. ``I don't have anything to do with the business. I'm just a salesman,'' Langford said.
The company has not yet responded to the suit. It was not known how long Wal-Mart Homes has used that name, although Wal-Mart said it discovered the alleged infringement in April.
The lawsuit contends that Wal-Mart Homes took the name to make people believe its products were ``approved by, sponsored by, or affiliated with Wal-Mart.'' Wal-Mart said it asked Wal-Mart Homes to stop using the name, but the smaller company did not reply.
Wal-Mart also contends that Wal-Mart Homes is not incorporated in the state.
by CNB