This Fourth of July weekend, a Pittsburg, Kan.-based fireworks company is keeping one eye on its busiest sales period of the year and the other eye on competitors who may be selling fireworks under the company’s trademark.
Jake’s Fireworks filed a federal lawsuit this past week accusing an Indiana company of selling consumer fireworks artillery shells under the X-Calibur trademark, which Jake’s owns.
The X-Calibur artillery shells come in rectangular boxes, with side cutouts allowing shoppers to get a peek at the fireworks inside.
After starting 75 years ago from a small fireworks stand at Fourth Street and Lone Star Road just outside Pittsburg, the company has grown to sell fireworks across the country, with locations in Kansas, Missouri and several other states.
The lawsuit names as a defendant Sky Thunder LLC, a fireworks seller based in Shelburn, Ind. Sky Thunder has denied selling X-Calibur fireworks, according to court documents, and did not return a call seeking comment for this story.
In the suit, Jake’s Fireworks says it complained to Sky Thunder about trademark infringement earlier this year and later obtained photos of X-Calibur fireworks on sale at Sky Thunder locations.
The suit, filed in the U.S. District Court for Kansas, asks the court to order Sky Thunder to stop sales of X-Calibur fireworks, destroy any promotional materials the Indiana company has using that trademark and calculate damages based on past profits.
If the case goes to trial, proceedings will be held at the federal courthouse in Kansas City, Kan.