VP Racing Fuels Inc. and affiliate Plastic Product Formers Inc. have filed a federal lawsuit alleging the unlawful copying and misuse of VP Racing’s utility jug trade dress and proprietary manufacturing molds.
The complaint, filed in the U.S. District Court for the Western District of Texas, San Antonio Division, names Semco Plastic Company, Tank Holding Corp., and multiple affiliated entities and individuals as defendants.
According to the filing, the defendants are manufacturing, marketing, and selling containers that infringe upon VP Racing’s federally registered trade dress, including its hourglass-shaped utility jug that has been in continuous use for more than two decades.
VP Racing alleges the protected trade dress includes a rectangular profile with four vertical sides that angle inward to form an hourglass shape, a centrally located arced handle, and specific neck placement. The company states the design has been in continuous use since at least 2001 and is immediately recognizable to consumers.
The complaint says the design has become synonymous with VP Racing’s fuels, fluids, and related products sold worldwide through major retail channels. Those channels include national home improvement and mass-market retailers, as well as online platforms.
The lawsuit alleges that the defendants’ Bushman-branded jugs closely imitate the established VP Racing design. The filing claims the similarities create a strong likelihood of consumer confusion across overlapping retail and online marketplaces.
VP Racing further alleges the infringement is deliberate and willful. The company contends the defendants are attempting to exploit the goodwill and brand recognition VP Racing has built through decades of investment.
The lawsuit seeks permanent injunctive relief to halt the alleged infringement. It also seeks monetary damages, including potential treble damages and attorneys’ fees based on claims of willful conduct.
The filing frames the dispute as a broader effort to protect intellectual property in a competitive consumer products marketplace. VP Racing argues that consistent enforcement is necessary to preserve brand identity and consumer trust.
“Protecting our intellectual property is essential to maintaining the integrity of our brand and ensuring customers can confidently identify genuine VP Racing products,” said Bruce Hendel, Senior Vice President, Global Sales, VP Racing. “Our container design is not only functional, but it is also a defining part of who we are. We will take decisive action to stop any unauthorized use that infringes on our trade dress and misleads consumers.”
The case is listed as VP Racing Fuels Inc. et al. v. Semco Plastic Company et al., Civil Action No. 5:25-cv-01729.
