Charlotte, NC, August 12, 2024 – In a significant ruling, the United States District Court for the Western District of North Carolina has affirmed the validity of the Queen City Tours® trademark, marking a crucial victory for local entrepreneur J. Whipple. The ruling, issued by US District Judge Kenneth Bell, with extensive experience in intellectual property law, validates Whipple's long-standing ownership of the Queen City Tours® trademark, a name synonymous with high-quality tours in the Charlotte area for over three decades. The case centered on allegations of trademark infringement and unfair competition against several defendants, including Kevin Marcuse, operating as Queen City Rides, and Lance Zaal, doing business as US Ghost Adventures LLC and Queen City Ghosts. A separate motion was filed by national companies Tripadvisor LLC and Viator, Inc., challenging Whipple's claims. In the ruling, the Court unequivocally stated, ”Whipple has standing as the owner of the trademark at issue," dismissing attempts by competitors to undermine his ownership. The Court further highlighted that the ownership of Queen City Tours® had been consistently maintained since its initial use in the 1990s and formally registered with the United States Patent and Trademark Office (USPTO) in 2007. While the Court found that claims against Tripadvisor and Viator lacked sufficient direct evidence of trademark infringement, it did so without prejudice, allowing Whipple to pursue further claims if additional evidence is provided. The judge acknowledged Whipple's argument that these platforms contributed to consumer confusion by listing infringing services alongside his well-established brand. ”This ruling not only affirms my ownership of the Queen City Tours® trademark but also underscores the importance of protecting local businesses against unfair competition,” said J. Whipple, owner of QueenCity Tours®. ” We will continue to serve our customers with the same dedication and excellence that have made us a trusted name in the industry.” Cases such as this will set precedent on the way large national companies may proceed doing business when moving into new geographic markets where small local businesses, protected by US Trademarks, are already successfully established.
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