Judge dismisses Vertix Builders trademark-infringement lawsuit

FIRESTONE — A federal trademark case pitting two construction companies with similar names against one another has been dismissed.

At the request of Firestone-based Vertix Builders Inc., U.S. District Court Judge Philip Brimmer has dismissed the action, with prejudice, meaning it can’t be refiled.

No reason was given in the court documents, and a call to Vertix’s attorney, Jared Briant of Faegre Drinker Biddle & Reath LLP was not returned.

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Vertix, which specializes in cultural facilities such as museums and zoos, claimed that California-based Vertex Builders LLC was using its trademarks and riding off its reputation in markets where Vertix does business. Vertex’s work is mainly in less specialized construction fields such as shopping malls, the lawsuit alleged. Vertix sought a permanent injunction.

The case was Vertix Builders Inc. versus Vertex Builders LLC, case number 24cv00226, filed in U.S. District Court for the District of Colorado.