What was filed
Morgan Brothers, Incorporated v. Ronald D. Morgan, Inc., No. 1:26-cv-07747 (E.D. Cal., Fresno Division), was filed September 22, 2026. Morgan Brothers says it is a California corporation based in Fresno that provides termite and pest-control services. It identifies Ronald D. Morgan, Inc. as a California corporation based in Visalia that operates a pest-control business under the SAN JOAQUIN PEST CONTROL name. Morgan Brothers demands a jury trial.
The marks
USPTO records show No. 7,059,200 for SAN JOAQUIN PEST CONTROL in standard characters and No. 7,059,202 for SAN JOAQUIN PEST CONTROL ESTABLISHED 1972 with a design, both registered May 23, 2023, to Morgan Brothers for termite and pest control services in Class 37. The complaint alleges that the defendant has challenged both registrations in cancellation proceedings, and USPTO records show both registrations in a single pending cancellation proceeding, No. 92084857, which is suspended. The complaint alleges use of the mark since at least 1977.
What the complaint alleges
The complaint alleges, on information and belief, that the parties made an oral territorial agreement in 1984 under which Morgan Brothers would serve Fresno County and areas to the north and the defendant would serve areas to the south, including Tulare and Kern Counties, with a license to use the mark there. It alleges that the defendant has recently expanded into Fresno County through sponsored ads using the mark, affiliated businesses, and other business names.
The counts and relief
The counts are federal trademark infringement under 15 U.S.C. § 1114; false designation of origin under 15 U.S.C. § 1125(a)(1)(A); common law trademark infringement and unfair competition; unfair competition under California Business and Professions Code § 17200; breach of the territorial agreement; breach of the implied covenant of good faith and fair dealing; and a declaratory judgment under 28 U.S.C. §§ 2201 and 2202 and 15 U.S.C. § 1119. The declaratory count asks the court to declare that Morgan Brothers owns the marks and that the registrations are valid, to deny the cancellation the defendant seeks, and to declare the defendant's permitted use limited to its territory.