Vertix Builders, founded in Firestone in 2014, is known for its work on medical buildings and cultural attractions. (LinkedIn)
A few days before Halloween, a former client of Vertix Builders was surprised to see the Firestore company listed among the bidders for a buildout in Aurora.
“Didn’t know Vertix built tenants in strip malls now,” he emailed, according to a lawsuit.
That same day, another client asked Vertix, “Did you open an office in California?”
Vertix doesn’t work on strip malls and it doesn’t have an office in California. But Vertex Builders, which formed a Colorado subsidiary last May, does. Vertix said its customers are confused by that and by Vertex’s logo, which is “virtually identical in appearance” to Vertix’s.
So, it’s suing Vertex for trademark infringement and unfair competition in Denver federal court.
Vertex Builders was formed in Los Alamitos, Calif., in 2020 by a man named Joe Hunter. Recent projects include Burlington and J. Crew stores in California and Washington state.
Reached by email last week, Hunter said, “We have no comment at this time.”
Vertix CEO Ryan Bonner also declined to discuss the case with BusinessDen.
Ryan Bonner (Vertix)
Vertix, which has been around since 2014, prides itself on its specialized work at medical buildings, museums and zoos, including the penguin exhibit at Denver Zoo, and doesn’t like being mistaken for a retail builder, since those are known to be less specialized.
“Generally, contractors do not cross over between general retail and specialized medical construction projects,” Vertix’s lawsuit said. “By way of analogy, a law firm that specializes singularly on traffic accidents would not be considered to have the skill or competence to represent clients in complicated commercial tax matters.”
Vertix said that it sought an amicable resolution before suing and Vertex initially agreed to use a different name in Colorado, but no formal agreement was signed.
Vertix is asking a federal judge to stop Vertex from operating under that name here and require it to pay Vertix for the profits it has acquired while infringing on Vertix’s trademarks.
Vertix’s lawyer is Jared Briant with the Denver office of Faegre Drinker Biddle & Reath.
In addition to its more specialized work, Vertix has built buildings on the Taxi campus in RiNo, but has since had a falling out with Taxi’s developer, Zeppelin Development. For the past year, it has been suing Zeppelin for allegedly not paying for Vertix’s work on the Western Hotel in Ouray. Zeppelin is countersuing for construction delays that it blames on Vertix.
An eight-day trial is scheduled for May 7 at a courthouse a few blocks from the Western.
Vertix Builders, founded in Firestone in 2014, is known for its work on medical buildings and cultural attractions. (LinkedIn)
A few days before Halloween, a former client of Vertix Builders was surprised to see the Firestore company listed among the bidders for a buildout in Aurora.
“Didn’t know Vertix built tenants in strip malls now,” he emailed, according to a lawsuit.
That same day, another client asked Vertix, “Did you open an office in California?”
Vertix doesn’t work on strip malls and it doesn’t have an office in California. But Vertex Builders, which formed a Colorado subsidiary last May, does. Vertix said its customers are confused by that and by Vertex’s logo, which is “virtually identical in appearance” to Vertix’s.
So, it’s suing Vertex for trademark infringement and unfair competition in Denver federal court.
Vertex Builders was formed in Los Alamitos, Calif., in 2020 by a man named Joe Hunter. Recent projects include Burlington and J. Crew stores in California and Washington state.
Reached by email last week, Hunter said, “We have no comment at this time.”
Vertix CEO Ryan Bonner also declined to discuss the case with BusinessDen.
Ryan Bonner (Vertix)
Vertix, which has been around since 2014, prides itself on its specialized work at medical buildings, museums and zoos, including the penguin exhibit at Denver Zoo, and doesn’t like being mistaken for a retail builder, since those are known to be less specialized.
“Generally, contractors do not cross over between general retail and specialized medical construction projects,” Vertix’s lawsuit said. “By way of analogy, a law firm that specializes singularly on traffic accidents would not be considered to have the skill or competence to represent clients in complicated commercial tax matters.”
Vertix said that it sought an amicable resolution before suing and Vertex initially agreed to use a different name in Colorado, but no formal agreement was signed.
Vertix is asking a federal judge to stop Vertex from operating under that name here and require it to pay Vertix for the profits it has acquired while infringing on Vertix’s trademarks.
Vertix’s lawyer is Jared Briant with the Denver office of Faegre Drinker Biddle & Reath.
In addition to its more specialized work, Vertix has built buildings on the Taxi campus in RiNo, but has since had a falling out with Taxi’s developer, Zeppelin Development. For the past year, it has been suing Zeppelin for allegedly not paying for Vertix’s work on the Western Hotel in Ouray. Zeppelin is countersuing for construction delays that it blames on Vertix.
An eight-day trial is scheduled for May 7 at a courthouse a few blocks from the Western.
