MYRTLE BEACH, S.C. (WBTW) — A Myrtle Beach golf cart rental company is suing another rental company over a similar name, claiming trademark infringement.

In a lawsuit filed on March 25, “Myrtle Beach Golf Carts” is suing “Myrtle Beach Golf Cart Rentals and Sales,” claiming it has been operating under the name since 2014, while its counterpart has only been in operation since September 2021.

The lawsuit was first reported by The Sun News.

“Myrtle Beach Golf Carts” said it found out the other company was operating under the same name in the fall of 2021, and sent it a cease and desist letter, according to the suit.

The other company proceeded to file for a trademark application in November 2021, claiming it had been using the trademark since 2007, according to the suit. But the company’s date of incorporation at the South Carolina Secretary of State’s website is listed as Sept. 17, 2021.

According to the suit, the other company responded to the letter, claiming “Myrtle Beach Golf Cart Rentals and Sales” had been registered with the U.S. Patent and Trademark Office, when it has not been registered and is still pending and unexamined.

“Myrtle Beach Golf Carts” claims both companies operating under the same name will cause confusion in the marketplace and is seeking “preliminary and permanent injunction against Defendant” requiring it to “cease and desist all use of the mark, Myrtle Beach Golf Cart Rentals and Sales, including but not limited to use in its exterior and interior signs, radio and internet advertising, and other marketing and advertising materials,” according to the suit.

The company is also seeking “disgorgement of Defendant’s unlawfully obtained profits and an award of Plaintiff’s actual damages and attorneys’ fees.”