Windmar sues Solar Now over trademark infringement in Puerto Rico
The company is pursuing financial damages, including statutory damages of $150,000 per violation, and reimbursement for legal fees.
Puerto Rican solar energy firm Windmar P.V. Energy Inc., operating as Windmar Home, has filed a lawsuit against Solar Now Puerto Rico LLC, alleging trademark infringement, unfair competition, and dilution under the Lanham Act and the Puerto Rico Trademarks Act.
The case, brought before the U.S. District Court for the District of Puerto Rico, seeks damages, a permanent injunction and a declaratory judgment to protect Windmar’s intellectual property rights.
Windmar claims that Solar Now unlawfully used its registered trademarks in a marketing campaign launched in August. The campaign allegedly featured elements resembling Windmar’s trademarks, including a distinctive sun logo and a windmill design, which the plaintiff says are core to its brand identity.
According to Windmar, the similarities are likely to confuse consumers and damage its reputation as the market leader in Puerto Rico’s solar industry.
Windmar has held exclusive rights to its trademarks since 2015, supported by registrations with both the U.S. Patent and Trademark Office and the Puerto Rico Trademark Office. The company asserts that its marks have become widely recognized, symbolizing high-quality solar energy solutions.
Upon discovering Solar Now’s marketing materials, Windmar sent a cease-and-desist letter on Sept. 3, demanding the immediate removal of the alleged infringing content. Solar Now responded on Sept. 12, denying any infringement but agreeing to remove the materials “to avoid controversies.”
However, Windmar alleges that Solar Now continued using the disputed trademarks beyond the agreed period, prompting the lawsuit.
In the lawsuit assigned to Judge Raúl M. Arias-Marxuach, Windmar seeks a court order prohibiting Solar Now from using any similar branding, along with the destruction of all materials featuring the disputed marks.
Windmar is also pursuing financial damages, including statutory damages of $150,000 per violation and reimbursement for legal fees.
