Harrison Global sued Boston Corporate Coach (BCC) for trademark infringement, accusing the defendants of trying to pass their business off as “Boston Coach” in violation of Harrison’s registered BOSTONCOACH mark. The mark was first used in commerce by FMR Corp. for chauffeured transportation services, was registered for chauffeuring and private bus services, and has become incontestible. Harrison was assigned the mark in 2013, and has used the mark ever since. The defendants opened their business in 2005, and operated as “Boston Corporate Coach” from 2008 until last year, when Harrison became aware that it had begun identifying itself publically as “Boston Coach Corp.” or simply “Boston Coach.” The complaint alleges that the defendants also paid search engines for top-of-page advertisements whenever anyone entered word combinations that included “Boston” and “coach.” In response to cease and desist letters, BCC discontinued most of the acts complained of, but apparently still run paid advertisements on Google, Yahoo and Bing that begin with “Boston Coach” in large type, with “Boston Corporate Coach” appearing in small print below. Harrison asserts state and federal trademark infringement and false designation of origin claims, as well as state unfair business practice claims.
