On July 8, 2013, E-Z Mart Stores filed a lawsuit (complaint available here) in the Northern District of Texas against Shamsa Enterprises. E-Z Mart claims that Shamsa infringes E-Z Mart’s service marks by operating a convenience store in Everman, Texas using E-Z Mart’s marks to promote its store, including through prominent signage.
E-Z Mart asserts claims for registered service mark infringement, common law service mark infringement, and unfair competition, and seeks, among other things, an injunction, damages and attorney’s fees.