A subsidiary of the Dedham's Norfolk & Dedham Group that has a program to offer gift cards to safe drivers called N&Drive, says the last thing it needs is to be associated with party buses, so it's suing N&D Night Out of Easton, which offers party buses and vans, to try to force that company to change its name.
In a trademark suit filed yesterday in US District Court and Boston, Newbury Corp., which uses the same stylized "N&D" logo as its parent insurance company, says its logo has been around since at least 1953, and its N&Drive program since 2019.
Defendant's "Party Bus" transportation services that encourage safe driving by providing alcohol and other entertainment are closely related to the services covered by Newbury's federally registered N&D Marks used with automobile insurance and safe driving rewards. As a result of the similarity of services, the public is likely to be confused and will likely continue to be confused about whether Newbury is the source of Defendant's services or whether Newbury sponsors or Defendant's services or Defendant is affiliated with Defendant and authorized to use Defendant's N&D Marks.
In addition to requesting an order to make N&D Night Out cut it out, the suit seeks damages and attorney's fees.