Elon Musk’s infrastructure and tunneling company has been sued for trademark infringement by a company of the same name, The Boring Company LLC of Nevada, according to the Las Vegas Review-Journal.
The Boring Company was founded by Musk in 2016, with the ambition to construct a citywide underground transportation system in Las Vegas and beyond.
According to a complaint filed by The Boring Company LLC with the District Court in Las Vegas on Tuesday, January 19, it has been providing “the precise services offered” by Musk’s company under its registered name since 2006, well before the latter was even established.
The supposed trademark infringement has resulted in mass customer confusion, with The Boring Company LLC receiving tons of invoices, past-due bills, collection notices, and legal notices originally intended for the Tesla CEO’s construction brainchild.
In addition, the mix-up has resulted in cases of mistaken identity on the plaintiff’s social media pages, and “has resulted in a barrage of phone calls from people looking for the defendant’s company, which has, in turn, cost the plaintiff countless hours of lost revenue,” according to the filed complaint.
The lawsuit alleges that Elon Musk’s company is completely aware of The Boring Company LLC’s existence and trademark rights, with the defendant even reaching out to the plaintiff’s company about a picture of its equipment posted to the plaintiff’s Facebook page back in 2017.
The Boring Company LLC, which holds two Nevada trademarks for the “Boring Company” name, said that it even tried (and failed) to negotiate a settlement with Musk’s company in 2019 and 2020.
According to the filing, The Boring Company LLC is seeking injunctive relief from the court, and damages, legal fees, and costs associated with the alleged trademark infringement from the Musk-owned Boring Company.