TRANSPORTATION : Blue Book Firm Is Seeing Red Over 900 Phone Number for Auto Prices

Car retailing veterans Dan Cwieka and Jay Barchenger took advantage of the new 900 line “pay-per-call” telephone service in May to start a business providing auto resale values, new-car wholesale prices and car buying techniques to consumers.

They named their Laguna Niguel company Car Smarts and, in a bit of inspired marketing following what Cwieka swears was a diligent search of legal records, they got a phone number that spells out BLU-BOOK.

Everything went fine until August, when Car Smarts started getting letters from the attorney for Kelley Blue Book.

Seems the Irvine publisher of auto resale information books that are sold mainly to car dealers and lenders took exception to Car Smarts using BLU BOOK for its phone number.

After Cwieka refused to back down, Kelley Blue Book earlier this month filed suit in federal district count in Santa Ana, claiming Car Smarts is infringing on its trademark by using the BLU BOOK phone number.

Kelley, through its attorney, declined to comment on the matter.

But Cwieka has a lot to say. Among other things, he points out that there are dozens of companies in the country using the term “blue book” in their corporate name. Webster’s and other dictionaries say it is a generic term.

According to the U.S. Patent and Trademark Office registration form Kelley submitted as an exhibit with its lawsuit, the company’s logo and its full name are registered. But the form specifically states that “no claim is made to exclusive use of the words ‘Blue Book’ apart from the mark as shown.”

In its suit, Kelley claims the BLU BOOK phone number will confuse customers and that it has cost the company business.

Cwieka scoffs at all that.

The real issue, he believes, is that he had a great idea that the Kelley folks wish they’d thought of. “We believe they are suing because they want the phone number for themselves.”