Twin brothers Michael and David Postar, joint owners of a large number of self-storage facilities across west Texas including Affordable Storage and A-Plus Storage, are now at war. The brothers had worked together for years before deciding to split their jointly owned businesses in 2017. As part of the division, they agreed to divide their assets and the use of several trademarks.
The legal battle between the brothers has now reached the United States District Court for the Northern District of Texas. The lawsuit was filed by Michael against David, alleging trademark infringement, breach of fiduciary duty, and violations of a mediated settlement agreement.
According to Michael’s complaint, David has been using unauthorized derivations of the “Smiley Guy” logo, trademarks that were originally jointly owned but were later assigned to Michael’s company.
Michael alleges that David has continued to use them, which he claims violates the agreement. He contends that David’s actions, including the use of these marks on vehicles and storage facilities in Lubbock, have caused confusion among customers and diluted the value of the trademarks.
Michael's Affordable Storage using the original version of "Smiley Guy."
David's Discount Storage using a "Smiley Guy" variation blocks away from Michael's self-storage location.
Michael is seeking damages, a permanent injunction against David’s use of the trademarks in Lubbock County, and a declaratory judgment affirming his exclusive rights to the marks in that region.
David has since filed a forceful defense, arguing that Michael’s claims are barred due to the long passage of time and the prior knowledge and consent Michael had regarding the use of the trademarks. He is seeking a dismissal of the case.
Adding to the complexity of the situation, David has publicly expressed his frustration over what he sees as Michael's aggressive business tactics, including building storage facilities near David's existing ones. David operates Discount Storage in Lubbock, while Michael runs Affordable Storage, often in close proximity. David believes these actions are unnecessary and hurtful to both businesses and the community.