Baytown Motors Body Shop (BMBS), doing business as Frank's Collision Repair, filed a complaint on Sept. 24 in Galveston County District Court against Fam Auto Repair LLC, alleging service mark infringement and unfair competition.
According to the complaint, the plaintiff has been providing auto collision repair services in Galveston, Liberty and Harris counties for many years while using the service mark Frank's Collision Repair. The plaintiff said it has spent more than $1 million in advertising its mark to promote its services in the area.
The suit alleges Fam Auto Repair has used the same names and mark as Frank's in order to turn a profit and cause the plaintiff financial damages.
Frank's Collision Repair seeks trial by jury, exemplary damages, attorney fees, court costs and all other just relief. It is represented by attorneys John T. Polasek and Douglas H. Elliott of Elliott & Polasek PLLC in Bellaire, Texas.