Greenbrier Graphics v. DeedPro DEED PLOTTER complaint, N.D. W. Va. 5:26-cv-00198

On October 30, 2026, Greenbrier Graphics, LLC sued DeedPro Software, LLC in the Northern District of West Virginia, No. 5:26-cv-00198-JPB. The complaint alleges infringement of the DEED PLOTTER and NET DEED PLOTTER registrations, common-law trademark infringement, false designation of origin under 15 U.S.C. § 1125, dilution, West Virginia unfair competition, and a claim for injunctive relief, over deedplotter.net and the names DeedPlotter and Deed Plotter.

The parties

The case is Greenbrier Graphics, LLC v. DeedPro Software, LLC, No. 5:26-cv-00198-JPB (N.D. W. Va.), filed October 30, 2026, ECF No. 1 (16 pages). The complaint says Greenbrier Graphics, LLC is a West Virginia limited liability company with its principal place of business in Meadow Bridge, West Virginia, and that it has sold real estate mapping and deed-analyzing software since 1987. It alleges, upon information and belief, that DeedPro Software, LLC is a North Carolina limited liability company with its principal place of business in Raleigh, North Carolina, and that DeedPro does business in West Virginia through its website. Jurisdiction is pleaded under 15 U.S.C. § 1121(a), 28 U.S.C. § 1338(a), and 28 U.S.C. § 1332(a). The complaint alleges, upon information and belief, that the amount in controversy, exclusive of interest and costs, exceeds $75,000. Pendent jurisdiction over the state claims is pleaded under 28 U.S.C. § 1338(b). Venue is pleaded under 28 U.S.C. §§ 1391(b) and 1391(c).

The DEED PLOTTER marks

The complaint alleges that the product was first called Deed Plotter in 1987, that later versions included Deed Plotter +, Deed Plotter Series II, Deed Plotter + Series III, and Deed Plotter + for Windows, and that the current version is Net Deed Plotter version 5. It alleges that the product line is the plaintiff's only product, sold online, by mail, and by phone, and delivered by download over the Internet, by the U.S. Postal Service, and by other means. It alleges ownership of two Principal Register registrations, attached as Exhibits A and B, and alleges that both are incontestable under 15 U.S.C. § 1065.

USPTO TSDR lists both registrations as live, owned by Greenbrier Graphics, LLC, a West Virginia limited liability company, for computer software for creating maps and deed information for use by surveyors, engineers, real estate professionals, bankers, and attorneys, in Class 9. U.S. Reg. No. 3,543,289, DEED PLOTTER, standard characters, was registered December 9, 2008, with first use and use in commerce in 1987. A combined Section 8 and 15 was accepted and acknowledged November 13, 2014, and the registration was renewed December 19, 2018. U.S. Reg. No. 3,471,975, NET DEED PLOTTER, standard characters, with a disclaimer of NET, was registered July 22, 2008, with first use and use in commerce of December 12, 2007. A combined Section 8 and 15 was accepted and acknowledged July 18, 2014, and the registration was renewed June 9, 2018. The complaint also alleges common-law rights in unregistered variants of Deed Plotter.

The accused website

The complaint alleges that DeedPro's website at deedplotter.net states, "DeedPro Deed Plotter is a SaaS cloud-native tool designed to streamline land mapping and legal description workflows," and, "Our deed plotter tools work with metes and bounds descriptions for accurate property boundary mapping." It alleges that DeedPro markets the software as DeedPlotter, Deed Plotter Online, and "Deed Plotter | AI Metes and Bounds Plotter," and that the site describes a built-in AI Description Reader that extracts metes and bounds calls from uploaded PDF documents or deed scans. It alleges that DeedPro uses the domain deedplotter.net and the name Deed Plotter, including the phrase "Professional Online Deed Plotter for Real Estate Professionals" in Google search descriptions. The complaint alleges that DeedPro's use began after the plaintiff's 1987 first use, and that the use has caused actual confusion, mistake, and deception as to source. It alleges, upon information and belief, that DeedPro markets and sells use of the software in West Virginia and throughout the United States, that the products are similar and in direct competition, and that the infringement has been willful and deliberate. Count IV alleges that the Deed Plotter family of marks is famous.

The claims and the relief requested

Each count is brought by Greenbrier Graphics, LLC against DeedPro Software, LLC. Count I alleges infringement of federally registered trademarks under section 32 of the Lanham Act, 15 U.S.C. § 1114. Count II alleges common-law trademark infringement under West Virginia law and throughout the United States. Count III alleges false designation of origin and unfair competition under section 43 of the Lanham Act, 15 U.S.C. § 1125. Count IV alleges dilution of a mark and injury to business reputation under W. Va. Code § 47-2-13 and 15 U.S.C. § 1125. Count V alleges unfair competition under West Virginia common law. Count VI alleges a claim for injunctive relief under section 34 of the Lanham Act, 15 U.S.C. § 1116, and W. Va. Code § 47-2-13, and alleges irreparable harm and a reasonable likelihood of success on the merits.

The prayer asks for (1) a preliminary and permanent injunction against (a) infringing the common-law marks and U.S. Reg. Nos. 3,471,975 and 3,543,289, dilution, false designation of origin, injury to business reputation, and unfair competition; (b) using, transferring, selling, or permitting others to use deedplotter.net or any other domain name that infringes the marks; (c) using DeedPlotter or Deed Plotter, or any similar confusing words, in advertising, promotion, marketing, or sale of real estate mapping software or similar products; (d) holding itself out as the owner or authorized user of the Deed Plotter trademark or its variants for mapping and deed-analyzing software or similar products; (e) acts or words, names, symbols, or other marks that cause confusion, mistake, or deception, or that mislead the public into believing the parties are the same or connected, that the plaintiff sponsors the defendant, or that the defendant's software originates with or is authorized by the plaintiff; (f) words, names, symbols, or marks that create a likelihood of injury to business reputation, or dilution of the Deed Plotter trademark or its variants and the associated goodwill; and (g) trade practices that tend to compete unfairly with or injure the plaintiff's business or goodwill. It also asks (2) for removal of Deed Plotter, DeedPlotter, and deedplotter.net from websites, title tags and other metatags, search engines, packaging, manuals, labels, catalogues, flyers, pamphlets, administrative systems, marketing, and advertising, including Facebook and similar applications, and for delivery up for destruction; (3) an accounting and payment of profits, with interest and costs; (4) compensatory damages, trebled for willfulness; (5) statutory damages as may be available; (6) attorney's fees, together with all (7) costs; and (8) other relief that may be just and equitable.

Docket

The docket's only entry is the complaint, filed October 30, 2026, and entered November 2, 2026, with Exhibits A through D and a civil cover sheet. Exhibits A and B are the registrations. Exhibits C and D are website images.

Attorney advertising. General information, not legal advice. Reading this site does not create an attorney-client relationship. Nothing here guarantees or predicts the outcome of any particular matter. Michael P. Eddy is a patent attorney registered with the United States Patent and Trademark Office (Reg. No. 42,505) and a member of the State Bar of California (No. 189669). Practice through Law Office of Michael P. Eddy. Not admitted in any other state.