Two cab company owners are set to quarrel in court early next month over who owns the rights to the name “express” to describe their outfits.
The cab wars began when Express Cab Co. came to Santa Monica earlier this summer. Its owner, Kostan Gasparyan, is being challenged by Express Taxi Co. owner Ayman Radwan, whose company has been here for almost a year. Radwan is bringing a sort of trademark infringement case for $5,000, claiming “express cab” is deceptively close to “express taxi” and is confusing customers.
Radwan is unlikely to take an express lane to victory. He has the burden of proving that Gasparyan’s outfit has unfairly snapped up $5,000 in business that would have otherwise come to Express Taxi.
“He chose, in the whole country, to do this in Santa Monica,” Radwan said, suggesting that Gasparyan set up shop near him intentionally. While it’s not illegal to compete, the body of trademark law allows protection in some cases for a recognizable name used in commerce. The question here will be whether “Express Cab” is deceiving or confusing customers into believing that it is “Express Taxi.”
Gasparyan has thus far had little to say in his defense. But he suggested his company’s name is distinct from that of Radwan’s.
It’s unclear whether a lawsuit for his competing company. The pro tem judge, Norman Axe, postponed it because he is unfamiliar with the body of law covering deceptive business practices or trademark protection. He did suggest that confused on the two cab companies. He said there are 10 other cabbies that will testify that they thought his operation was Express Cab, even though it is really Express Taxi.
Radwan would have to seek an injunction against Gasparyan’s use of the name “Express Cab,” with damages to follow.
“You need to seek the advice of someone in copyright law and then get an injunction and seek damages,” he told Radwan. “There you will be in front of a court, in an arena that understands the law... Does the name create enough of a deception? I don’t know the answer to the question.”
Radwan said he felt his “Express Taxi” name covered the use of the word “taxicab,” and thus “cab.” However, he says he can’t afford an attorney to bring his case for him. “We are a mom and pop operation, we don’t have $5,000,” he said, adding he consulted with a lawyer who told him that’s how much it would cost to be represented in a civil courtroom.
“Mine is different. It is Express Cab,” — he said at a small claims court hearing last month
He vowed to bring witnesses at the next court date Dec. 5 to testify they are Still, the judge will ask Radwan to prove that he’s lost $5,000 in damages.
“I’m not in it for the money,” said Radwan. “I want him to change the name.”
Radwan and his wife, Wendy, don’t feel they are reaching justice fairly. The couple, who own the company, say Ayman has spent the past year researching the market and developing his business plan. He selected the word “express” as a way to market that his cab service is different and distinct from other cab companies.
Wendy is worried that if someone has a bad experience with Gasparyan’s cab service, they may confuse it with their company in the future.
“Here Ayman is working so hard to be different and provide good service and it’s so hard to prove, it so intangible... The judge is asking the impossible,” she said. “Every move this guy makes is a potential for Ayman to have his business hurt.”
“Here Ayman is working so hard to be different and provide good service and it’s so hard to prove, it so intangible... The judge is asking the impossible. Every move this guy makes is a potential for Ayman to have his business hurt.” — WENDY RADWAN Co-owner/Express Taxi Co
What’s more, Gasparyan charges $2.60 a mile and Ayman charges $2.20 a mile.
“They don’t speak English and this could be a catastrophe because they charge high rates and if they (customers) have a bad experience at $2.60 a mile they will never, ever call express anything again,” he said. “I cannot notice the damages right now. I can feel it though.”
Express Taxi is listed in the phone book yellow pages, while Express Cab is not. But the concept of brand recognition may be perplexing in a town with over 20 cab companies listed. Almost all use “taxi” or “cab” in their names. But the word “express” is another matter.
There is a “United Express Taxi,” and a “United Cab Co.,” and even a “Taxi Taxi.” Express Taxi Co., Radwan’s outfit, got itself listed first in the pages by posting the name “A Express Taxi,” as well as “A Taxi” and “Express Taxi Service.” There is no listing for “Express Cab,” or a variation of it.
Originally published in the Santa Monica Daily Press print edition on November 19, 2001. Read the original PDF.