Denver, Colorado-based Safevue Auto Glass and Safelite have filed a joint motion for stipulated permanent injunction against AJ Aurit, who is described by Safelite as the owner and/or officer of Safevue. According to Safelite, Safevue’s telemarketing employees “have at times falsely identified themselves as representing Safelite or calling on behalf of Safelite.”
Denver, Colorado-based Safevue Auto Glass, which is being sued by Safelite for alleged misrepresentation to customers, trademark infringement, consumer fraud, deceptive trade practices, unfair competition, unjust enrichment and more, has entered into discussion agreements with Safelite. The companies have filed a joint motion for stipulated permanent injunction against AJ Aurit, who is described by Safelite as the owner and/or officer of Safevue. The court requires a hearing be held in order to enter the injunction against Aurit.
“Safelite and Aurit have reached a settlement agreement to resolve their disputes with respect to all claims asserted or that could have been asserted in the action against Aurit and all counterclaims that could have been asserted in the action by Aurit against Safelite, without either Aurit or Safelite admitting any liability with respect to the claims or any counterclaims or affirmative defences that could be alleged in the action,” read the court documents.
According to Safelite, Safevue’s telemarketing employees “have at times falsely identified themselves as representing Safelite or calling on behalf of Safelite.”
“Consumers have been actually confused or are likely to become confused by Safevue’s telemarketing calls in which it is ‘passing off’ as Safelite and misrepresenting that it is affiliated with or an agent of Safelite,” writes the company in its complaint. “Safelite does not make outbound, unsolicited, telemarketing ‘cold calls’ to consumers for the purpose of advertising and promoting Safelite’s goods and services.”
The company also alleges that consumers who have received such calls have called Safelite to complain.
The proposed injunction would prohibit Aurit and any officers, agents and employees from representing themselves as Safelite or affiliated with Safelite, using Safelite trademarks and using the name “Safevue” as it is confusing to customers.