EL PASO, Texas — Better Business Bureau Paso del Norte said a local roofing company is infringing on the organization’s trademark as part of what it also calls “false and deceptive advertising.”
According to BBB, it has asked Oscar’s Roofing and Construction to cease using the BBB Accredited Business Seal “on several occasions” between May 15, 2017 and Aug. 20, 2018.
“However, the business has refused to respond and continues to hold itself out as accredited,” BBB said in a release.
The organization says use of the BBB Accredited Business logo without consent constitutes trademark infringement and is a violation of Council of Better Business Bureaus’ trademark rights.
“Moreover, this use is false and deceptive advertising,” BBB added.
Currently, Oscar’s Roofing and Construction has an “F” rating with BBB after failing to respond to two customer complaints and three advertising reviews for misuse of the BBB Accredited Business Seal, according to the BBB.
Making matters worse, Oscar’s Roofing and Construction is being confused with another business in the same region: Oscar’s Roofing.
Oscar’s Roofing has been accredited with BBB Paso del Norte for more than 34 years and has an “A+” rating.
Alerts on the BBB Paso del Norte website attempt to differentiate between the two businesses so that consumers are aware. Further, Oscar’s Roofing went so far as to post the BBB press release about the situation on the homepage of its website.
“We take this issue very seriously as we always work to offer consumers confidence before them make purchasing decisions,” said Marybeth Steven, president and CEO, BBB Paso del Norte.
Roofing Contractor attempted to reach the owner. A website on the Facebook page of Oscar's Roofing and Construction is not working. Phone calls went straight to voicemail. However, the owner recently told KTSM-TV, a local NBC affiliate, that he had used the logo on flyers created when the company had been accredited.