The complaint

Rex Environmental LLC v. Vigilant Multifamily LLC and Jorge Oqueli, No. 1:26-cv-05987 (D. Colo.), is a 24-page complaint filed November 10, 2026, ECF No. 1, with a jury demand and Exhibits 1 and 2. Rex Environmental is a Colorado limited liability company based in Denver. Vigilant Multifamily LLC is a Colorado limited liability company based in Denver that, according to the complaint, was formed on May 20, 2026. Jorge Oqueli is an individual who, the complaint alleges upon information and belief, lives in Aurora, Colorado. The complaint pleads jurisdiction under 28 U.S.C. §§ 1331, 1338(a), and 1367(a) and venue under 28 U.S.C. § 1391(b). (Compl. paras. 1 to 6, 18.)

The mark

The complaint alleges that Rex Environmental has used its logo, a tyrannosaurus rex design with a circular design and the terms REX and Environmental, since about September 1, 2017 for environmental testing services. USPTO status records show Reg. No. 7,066,427 for REX ENVIRONMENTAL with that design, registered May 30, 2023 on the Principal Register to Rex Environmental LLC, for "Environmental testing services, namely, mold, asbestos, and lead testing and consulting related thereto" in Class 42, with "ENVIRONMENTAL" disclaimed and color not claimed as a feature of the mark. (Compl. paras. 8 to 13.)

The report

According to the complaint, two homeowners in Aurora, Colorado were renovating their home through a remodeling contractor, a third party, when a kitchen ceiling leak raised concerns about mold. It alleges that Oqueli, who upon information and belief was then employed by Vigilant Multifamily, took three sheetrock samples on July 15, 2026, told the homeowners he was sending them to Rex Environmental, and on July 23, 2026 handed them a hard copy "Mold Analysis Report" bearing a red and black logo that the complaint says is substantially indistinguishable from the registered logo (Exhibit 2). As the complaint quotes it, the report lists "Laboratory: REX Environmental," states "Collected By Vigilant Multifamily LLC" and "Received By REX Environmental," claims ISO/IEC 17025 accreditation, and reports no significant fungal growth. The complaint alleges that Rex Environmental is not a testing lab, does not hold that accreditation, never received a sample, does not know the analyst named on the report, and told the homeowners on July 24, 2026 that it did not prepare, approve, or issue the report. It alleges the homeowners relied on the report in having the sampled areas patched. (Compl. paras. 20 to 72.)

The complaint alleges that Vigilant Multifamily is liable for Oqueli's acts as his employer or principal, through apparent authority based on his use of a Vigilant Multifamily email account and signature block, through ratification after written notice in August 2026, and in the alternative as a contributory infringer. It alleges that Vigilant Multifamily took over the business of a predecessor company with the same members that had been involved in an earlier trademark dispute, and it relies on that dispute and on the report's analyst and accreditation statements to allege willfulness. (Compl. paras. 24 to 27, 76 to 87.)

The claims

  • First cause of action: counterfeiting under 15 U.S.C. § 1114.
  • Second cause of action: service mark infringement under 15 U.S.C. § 1114, in the alternative.
  • Third cause of action: false association unfair competition under 15 U.S.C. § 1125(a)(1)(A).
  • Fourth cause of action: violation of the Colorado Consumer Protection Act, C.R.S. § 6-1-101, et seq.

Relief requested

Rex Environmental asks for declarations that Reg. No. 7,066,427 is valid and that it owns the registration, that the mark on the report is a counterfeit mark under 15 U.S.C. § 1116(d)(1)(B), and that the conduct was willful and the case exceptional under 15 U.S.C. § 1117(a); a permanent injunction under § 1116(a); delivery of the report and other materials for destruction under § 1118; an order requiring the defendants to identify and notify in writing everyone who received the report or any other report bearing the logo or name; a sworn compliance report; actual damages, including corrective advertising, and profits under § 1117(a) and (b), trebled, or alternatively statutory damages under § 1117(c) of up to $200,000 per counterfeit mark per type of services, or up to $2,000,000 per counterfeit mark per type of services for willful use; enhanced damages under § 1117(a) on the second and third causes of action; actual damages, treble damages for bad faith, and fees under C.R.S. § 6-1-113(2); and attorney fees, interest, and costs. (Prayer, paras. 1 to 19.)