Transamerica Corporation and Transamerica Title Insurance Company v. Transamerica Bancgrowth Corporation

On July 15, 1975, plaintiffs Transamerica Corporation, and Transamerica Title Insurance Company (hereinafter “Transamerica”) filed their complaint for trademark infringement and unfair competition against Transamerica Bancgrowth Corporation (hereinafter “Bancgrowth”) in the United States District Court for the District of Arizona, in Phoenix, Arizona. Jurisdiction in the district court was predicated on 28 U.S.C. §§ 1338 (a) (trademarks), 1338(b) (unfair competition), and 1332 (diversity).

Factually, the complaint was based on Bancgrowth’s unauthorized use of the Transamerica trade name and service mark as to which Transamerica claims exclusive rights in connection with the various services it renders. Transamerica sought relief in the form of an injunction against Bancgrowth’s use of the Transamerica name and mark, an accounting for profits and damages, punitive damages, costs of suit and reasonable attorneys’ fees.

On April 27, 1976, Transamerica filed an amended complaint naming appellant herein, Arthur S. Brooks (Brooks), doing business as “Trans-America of Arizona,” as an additional defendant and seeking the same relief against Brooks as was sought against Bancgrowth in the…