Darvin Furniture And Appliance Of Orland Park, Inc. V. Wayfair LLC, Case No. 1:23cv4121 (N.D. Illinois, June 27, 2023)

Darvin Furniture And Appliance Of Orland Park, Inc., a Chicagoland retailer which does business as Darvin Furniture & Mattress, is accusing e-commerce company Wayfair of trademark infringement.

Wayfair uses the DARVIN trademark on its website in connection with furniture related goods and services, according to a complaint filed in the U.S. District Court for the Northern District of Illinois. Darvin said Wayfair’s use of the DARVIN trademark is unauthorized. 

Darvin also said Wayfair is using the DARVIN trademark to drive traffic to Wayfair’s website. In the complaint, Darvin said a Google searches for such terms as “Darvin” and “Wayfair Darvin” return numerous results to Wayfair’s website.

Darvin describes its complaint as “an action for federal trademark counterfeiting, trademark infringement, and unfair competition under 15 U.S.C. §§1114, and 1125(a) of the Lanham Act, and related state law claims, which arise out of the same operative facts.”