Gas station retailer Murphy USA Inc. on Thursday sued another company over trademark concerns.
The company -- Murphy USA OPEC Microsoft Corporation -- is a registered for-profit organization based in Benton County. It was incorporated on June 26, 2020. Little else is known about the company, including an address or phone number.
Murphy USA accused the defendant of violating state trademark laws, claiming that the company has a "deceptively and confusingly similar name."
Murphy USA generated $3.54 billion in revenue in the first three months of the year. It operates 1,660 convenience stores and gas stations across 27 states.
The El Dorado-based company argued that the defendant's name is not distinguishable from its own, and is likely to mislead the public and diminish or dilute the value of its own name and reputation. Murphy USA also never gave the defendant consent to use its name, according to court records.
"It sounds like basic fraud to me," said Robert Steinbuch, a law professor at the University of Arkansas at Little Rock. "It doesn't sound like a major intellectual property lawsuit. It just sounds like a simple transparent scam that might be able to fool someone for a day or two."
Under state law, a corporation is allowed to apply and use a name that is not distinguishable from the name of another corporation. However, records show it must present consent to use the name, in writing, from the previously registered corporation.
The previously registered corporation must also change its name to differentiate itself from the applying corporation, according to the lawsuit. In addition, the applying corporation must present to the secretary of state a certified copy of a final judgement establishing its right to use the name.
Murphy claims the defendant did none of these things and said it was unaware of any judgement allowing Murphy USA OPEC Microsoft to use its name. As a result of this, Murphy USA "has suffered and will continue to suffer irreparable injury to the goodwill associated with its mark."
Murphy is seeking an injunction to prohibit Murphy USA OPEC Microsoft from using its name and requiring the secretary of state to cancel the registration of the suspect corporation.
The eight-page complaint was filed in the Circuit Court of Pulaski County in Little Rock, case number 60CV-21-3911.
Messages seeking comment were not immediately returned by Murphy USA.
Murphy USA shares were unchanged Friday, closing at $132.04 on the New York Stock Exchange.