Eau Claire Garbage Hauler Files Lawsuit Against Clark County Disposal Business

Wednesday, March 10th, 2021 -- 12:01 PM

(Chris Vetter, Eau-Claire Leader Telegram) -An Eau Claire-based garbage hauler has filed a lawsuit against one of its rivals, claiming unfair business practices.

According to Chris Vetter of the Eau-Claire Leader Telegram, Boxx Sanitation LLC has filed a lawsuit in Chippewa County Court against Thorp-based Express Disposal Inc.  An injunction hearing, asking for a temporary restraining order, has been set for today before Judge Steve Gibbs.

“Boxx Sanitation has become aware that Express Disposal, with whom it competes for business in both Eau Claire and Chippewa counties, has been engaging in continuing unfair business practices which are violative of both Wisconsin common law and a multitude of Wisconsin statutory provisions governing business practices,” the lawsuit reads.

“Those unfair practices include engaging in unfair, deceptive and misleading advertising, engaging in unfair competition practices, engaging in state trademark infringement and common law trademark infringement.”

The lawsuit claims that in January 2020, Express Disposal drivers “were attaching flyers advertising the Express Disposal business to Boxx Sanitation containers” in the Chippewa Valley.

In November 2020, Express Disposal placed a Google ad with the lead term “Boxx-Sanitation — Express Disposal.”  “That ad contained the 800 number and website address for Express Disposal,” the lawsuit reads.

“Individuals who ran a Google search for Boxx Sanitation would be exposed to an advertisement paid for by Express Disposal where the lead term of the advertisement is Boxx Sanitation. Those individuals, who are searching specifically for Boxx Sanitation, would then unwittingly be in a position of contacting Express Disposal as opposed to Boxx Sanitation.”

The lawsuit accuses Express Disposal from not only trying to lure consumers by using the Boxx name, but also the moniker of another hauler that Boxx had acquired.

Boxx Sanitation purchased ProVyro in 2019, including the company’s name, likeness, logo, trademark and phone number, according to the 10-page lawsuit filed by attorney Richard White of law firm Weld Riley.

“The Boxx brand is promoted extensively via social media, online registries, paid advertisements, print media, truck and receptacle signage, the boxxsanitation.com website, and in other fashions,” the lawsuit reads.

“Apparently not having learned its lesson, Express Disposal has continued to engage in unfair business practices. Similar to its actions regarding the Boxx trademark, Express Disposal has been running Google ads with advertising such as “Provyro — shingle dumpster — expressdisposalinc.com,” the lawsuit reads.

“Boxx Sanitation’s ProVyro trademark appeared first in the advertisement.”  Copies of the online ads are attached with the lawsuit.  “There is no legitimate purpose by Express Disposal for the improper use of the ProVyro trademark or its earlier use of the Boxx trademark,” the lawsuit reads.

The ads are “untrue, deceptive or misleading,” the lawsuit states.  Boxx Sanitation is seeking judgment that is “either actual damages or an amount equal to three times the Express Disposal profits resulting from its illegal use of Boxx Sanitation’s marks, together with an award of the costs of investigation and attorney’s fee.

Founded in 2009, Boxx Sanitation provides garbage or recycling service to 13,600 residential customers and 2,100 commercial customers in Eau Claire County, along with 2,700 garbage residential customers and 4,800 recycling residential customers, and 240 commercial customers in Chippewa County.

Express Disposal has 45 days to respond to the lawsuit.

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