What was filed
Empire Auto Protect, LLC v. Endurance Warranty Services, LLC, No. 3:26-cv-12617 (D.N.J.), was filed September 24, 2026. Empire says it is a Delaware limited liability company based in New Jersey, and it alleges, on information and belief, that Endurance is an Illinois limited liability company. A docket entry assigns the case to Judge Michael A. Shipp. Empire demands a jury trial.
The marks
USPTO records show U.S. Reg. No. 7,736,670 for EMPIRE AUTO PROTECT in standard characters, registered March 25, 2025, and No. 7,743,328 for a design version, registered April 1, 2025, both to Empire in Class 36 for third-party extended warranty services, namely vehicle service contracts.
What the complaint alleges
The complaint alleges that Endurance's sponsored ads appeared in response to searches for Empire, that some headlines paired Newark with Empire Auto Warranty or Empire Car Warranty, and that ad-link tracking values included empire auto protect. It alleges that Endurance's September 18, 2026 letter accused Empire of unlawful advertising and other misconduct and threatened suit in federal court, and that Endurance declined to identify the conduct it objected to.
The counts and relief
Count I seeks a declaratory judgment under 28 U.S.C. §§ 2201 and 2202. Count II alleges infringement under 15 U.S.C. § 1114, Count III false designation of origin and unfair competition under 15 U.S.C. § 1125(a), Count IV New Jersey trademark infringement under N.J. Stat. Ann. § 56:3-13.16, and Count V common law unfair competition. The prayer asks for the declaration, preliminary and permanent injunctions covering search and keyword advertising, removal of the ads, damages, profits, enhanced damages, and fees. The docket shows a waiver of service filed October 5, 2026, a motion concerning a magistrate judge on October 27 (ECF No. 9), an order on that motion (ECF No. 10) and two further orders (ECF Nos. 11 and 12) on October 28, and three pro hac vice notices on October 29 (ECF Nos. 13 to 15).