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Competitor Must Stop Using Enterprise Rent-A-Car's Service Mark

30 June 1999

U.S. Court of Appeals Upholds District Court Decision: Competitor Must Stop Using Enterprise Rent-A-Car's We'll Pick You Up Service Mark

    ST. LOUIS--June 29, 1999--Enterprise Rent-A-Car Company secured an important victory on Friday when a U.S. Court of Appeals affirmed an earlier court decision to enforce a service mark infringement agreement between Enterprise and Rent-A-Wreck of America, Inc.
    In April 1998, Enterprise filed suit in U.S. District Court for Eastern Missouri against Rent-A-Wreck claiming infringement of the popular Enterprise registered service mark, We'll Pick You Up(R), that anchors Enterprise's successful national advertising campaign. The suit was filed following Rent-A-Wreck's decision to use the phrase, "And of Course, They'll Pick You Up," as part of its advertising campaign. Friday's Court of Appeals decision forces Rent-A-Wreck to discontinue use of the contested phrase.
    "We are extremely pleased with the Court of Appeals decision," said Andrew C. Taylor, President and Chief Executive Officer of Enterprise. "Enterprise Rent-A-Car has built its business and reputation as the leader in the rental car industry by emphasizing customer service. To us, We'll Pick You Up(R) is more than an advertising slogan; it epitomizes how we at Enterprise believe customers should be treated.
    "We also believe this court decision strengthens our defense of our registered service marks," Taylor said. "In the past, others have tried unsuccessfully to infringe on what we believe is our intellectual property and hard-earned advantage in the marketplace. We have been -- and will continue to be -- diligent in our defense of that property."