The Home Depot Inc. is suing Oakleaf Waste Management LLC in East Hartford for trademark infringement and false advertising, The Atlanta Chronicle reports.
The suit was filed last week in the U.S. District Court for the Northern District of Georgia.
According to the suit, Atlanta-based Home Depot in October 2006 inked a deal with East Oakleaf where the waste company would offer Home Depot’s customers dumpster rentals. Under the Home Depot Dumpsters Rentals program, customers could contact Oakleaf through a number Home Depot approved or through an approved Home Depot website.
In December 2009, Home Depot ended the arrangement with Oakleaf and finished winding down the program in April 2010.
But even though Oakleaf is no longer a contractor for the home improvement retailer, the suit alleges the company is continuing to use, without permission, Home Depot’s name, famous orange logo and other trademarks to advertise, promote and sell Oakleaf’s own dumpster business. This includes orange dumpsters with Home Depot markings.
Home Depot also claims Oakleaf has not transferred the www.hddumpster.com domain and subdomains back to Home Depot, as it agreement required.
Last Wednesday, Home Depot sent a cease and desist order to Oakleaf. But Home Depot argues Oakleaf continues to infringe on its trademarks.
Home Depot is seeking a permanent injunction and monetary damages, including profits Oakleaf made by improperly using Home Depot trademarks.
Oakleaf said in a statement issued Tuesday to HBJ Today, “We are working to understand the basis of their claim and will soon be in communication with [Home Depot].”
