University School of Milwaukee sues charter group for trademark infringement

University School of Milwaukee

University School of Milwaukee, a private K-12 college preparatory school in River Hills, has sued one of its own board members and a nonprofit company that plans a charter school in the area with a similar-sounding name.

The suit, filed Tuesday in federal court, claims The Universal Companies and one of its agents, Ronn Johnson, are infringing on University School's trademarked names, including USM. Johnson is executive vice president of education for the Mid-West Region for defendant Universal Companies, according to the complaint. The Pennsylvania-based operation certainly knew the local school's reputation, and use of USM, the suit points out, because Johnson is a member of the USM board of trustees.

The defendant has been planning to open a charter school called Universal School of Milwaukee, and uses a common shorthand for University School, USM, on its logo. The complaint includes a photo of an ad for the new school on a Milwaukee County bus.

University School notes that all six of the Universal's other schools use the word charter in their names.

"Instead of continuing the pattern of using the term 'charter' in the name of the school, the Defendants purposefully attempt to trade off the goodwill and reputation of Plaintiff by naming the school Universal School of Milwaukee and making repeated use of the USM mark," the suit claims.

According to the website for Universal School Milwaukee, it has two campuses, one for K4 through 5th grade at 3872 N. 8th St. and one for sixth through 12th grades at 6850 N. 53rd St.

"USM’s Vision…is to become a unique alternative to traditional education. Our campuses will provide a multitude of community resources in addition to being the foundation for providing an innovative, challenging Arts-Infused, College Prep education," the website reads.

The Universal Companies announced efforts to expand in the Midwest last August and named Johnson as the person to lead those efforts. Previously, Johnson  was vice president of education for the YMCA and founder of the YMCA Young Leaders Academy Charter School for the College Bound in Milwaukee. Last year, he was working on his doctoral degree in  urban education from Columbia University’s Teacher’s College in New York.

The Universal Companies was founded by Philadelphia music industry mogul Kenneth Gamble. In addition to education, it is involved in community and housing development.

The lawsuit seeks an injunction banning Universal's use of its chosen name and of USM, withdrawal and destruction of any marketing materials using the names and triple damages, plus costs and attorney fees.

University School is represented by Quarles & Brady.

Johnson said he and Universal had no comment about the lawsuit.