Pennsylvania Federal Court Authorizes U.S. Marshals To Assist With Forced Removal Of Logos And Branding From Counterfeit “Conoco” Gas Station

December 19, 2024

By Carl L. Engel

The U.S. District Court for the Eastern District of Pennsylvania, in the case Phillips 66 Company v. 1842 Ridge Ave LLC, has just entered an order authorizing an oil company to remove signs and branding bearing the “Conoco” logo at a gas station that identified itself as Conoco-brand without permission from the brand’s owner to do so.  To protect the oil company’s workers, the court has authorized the U.S. Marshals to provide security.  This case illustrates how in an extreme case of trademark infringement, where the offender has created a “counterfeit” branded store without authorization from the brand’s owner, the government can force the offender to remove branding and logos.

1842 Ridge Ave. LLC (“Ridge LLC”) owns a gas station in Philadelphia.  Phillips 66 is a major integrated oil and gas company that owns the Conoco brand. Even though Ridge LLC had no business relationship or contract with Phillips 66, Ridge LLC designed its gas station to look like a Conoco station, including two high-rise Conoco signs, Conoco gas pumps, and red and white accents throughout the store in the style of Conoco’s trade dress.

In July of 2024, after Ridge LLC had ignored multiple requests to remove the Conoco branding and logos from its gas station, Phillips 66 sued Ridge LLC, seeking an order for the removal of the brand, as well as monetary damages for violation of its trademark. After Ridge LLC did not respond to Phillips 66’s complaint, the court entered judgment in favor of Phillips 66 and permanently enjoined (i.e., prohibited) Ridge LLC from using Conoco signs, branding, and trade dress at the gas station. Ridge LLC was given until November 11, 2024, to comply, but did not do so.

On November 18, 2024, Phillips 66 filed a motion to find Ridge LLC in contempt of the court’s order. At a hearing, the court found that Ridge LLC had notice of the order and had nevertheless ignored it and, therefore, that it was in contempt of the court.  Because it was evident that Ridge LLC had no intention of removing the Conoco signs, branding, and trade dress in the future, the court authorized Phillips 66’s employees and contractors to enter the property to do it themselves.  The U.S. Marshal Service was made available to provide them with security as they perform the work.

While this case is an extreme example, it does illustrate the tools available to businesses and the government when an infringer establishes a counterfeit store with a legitimate company’s trademarks.  In such a case, the offending brands and logos can be removed by force, and the U.S. Marshals are authorized to ensure that the work is finished without the counterfeiter’s interference.