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Similar Signage Sparks C-Store Lawsuit

By From Convenience Store News
Publication: Retail Design
Date: Sunday, July 24 2005
DAVENPORT, Iowa -- The owner of a chain of Quad City convenience stores has sued one of his competitors, saying that store's sign is too close in appearance to those of his business, according to the Quad City (Iowa) Times.

William Ernst, owner of the company that has

operated QC Marts in Davenport since 1995, said in a lawsuit that the yellow-and-red sign at Quick Mart confuses customers because it is so similar.

"My customers first alerted me to the presence of the Quick Mart," Ernst, the owner of Bethany Enterprises Inc., stated in an affidavit filed in Scott County District Court. "These customers thought it was a new location for Bethany Enterprises."

But Quick Mart owner Ramzan Ahmad said he has had the same sign since 2002.

"This is Quick Mart, his is QC Mart," Ahmad said Wednesday. As for any customer confusion, he added, "I don't think so."

Ahmad said the request filed in district court for him to stop using the sign might have something to do with Ernst purchasing a convenience store across the street.

Employees at that business said Wednesday that the convenience store is owned by another company, not Bethany Enterprises.

Ernst's attorney, Mark Tarnow, said he could not comment on whether his client has purchased that property, but he added that identity is the main issue.

"The essential part is that their signage is close enough that we don't want anybody to think they are us or we are them," Tarnow said.

The use of the sign by Quick Mart diminishes the profits of Bethany Enterprises and damages the reputation of QC Marts, Ernst said in his lawsuit.



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