What was filed
Hayward Industries, Inc. v. Vimata Interactive, Inc. d/b/a BackyardCity.com and BackYardCityPools.com, No. 3:26-cv-00753 (W.D.N.C., Charlotte Division), was filed September 22, 2026. Hayward says it is a New Jersey corporation based in Charlotte, North Carolina. It alleges, on information and belief, that Vimata is a Tennessee corporation based in Collierville, Tennessee that sells through its own websites. Hayward demands a jury trial.
The marks
The complaint lists HAYWARD, Reg. Nos. 3,969,301 and 1,058,211; H, Nos. 4,016,737 and 1,132,980; SUPER PUMP, No. 1,518,655; MAXFLO, No. 6,048,151; TRISTAR, No. 3,190,201; POWER-FLO, No. 2,075,752; AQUA RITE, No. 3,704,835; AQUABUG, No. 2,184,852; and ECOSTAR, No. 3,935,362. It alleges that Hayward first registered HAYWARD in 1977 and has used it since at least 1956. USPTO records show HAYWARD No. 1,058,211 registered February 8, 1977, for swimming pool equipment, and show the HAYWARD No. 3,969,301, SUPER PUMP, MAXFLO, TRISTAR, POWER-FLO, AQUABUG, and ECOSTAR registrations owned by Hayward Industries.
What the complaint alleges
The complaint alleges that Hayward sells only through authorized sellers bound by its quality controls, warranties, and rebate policies, that Vimata is not one, and that the Hayward-branded products Vimata advertises and sells are therefore materially different and not genuine. It alleges that Vimata continued after a December 5, 2025 cease-and-desist email and an April 30, 2026 letter.
The counts and relief
The causes of action are trademark infringement under 15 U.S.C. § 1114; unfair competition and false designation of origin under 15 U.S.C. § 1125(a); unfair competition by passing off under § 1125(a); counterfeiting under § 1114; false advertising under § 1125(a); North Carolina common law trademark infringement and unfair competition; the North Carolina Unfair and Deceptive Trade Practices Act, N.C. Gen. Stat. § 75-1.1; tortious interference with contract and business relations; and unjust enrichment.