Round 1: Duck bests Super Duck

Super Duck Tours, which began offering amphibious sight-seeing trips of Boston and Boston Harbor eight weeks ago, is not feeling so super.

The Maine-based business, which operates locally out of Charlestown, has received a federal court order to stop using the words "duck tours" or its cartoon duck logo in the Boston area because they are confusingly similar to the name and logo of a 13-year-old rival firm.

This morning's ruling by US District Court Judge Nathaniel M. Gorton came in response to a lawsuit filed by Boston Duck Tours, which is based in Copley Square and has been offering local sight-seeing trips in brightly painted World War II amphibious vehicles driven by "ConDUCKtors" since 1994. The company also uses a cartoon duck mascot in its marketing and advertising.

According to the suit, Super Duck Tours, which has two tour vehicles, "intentionally designed its business model" to be a copycat version of 24-vehicle Boston Duck Tours, and as a result has caused significant consumer confusion and poached away sales.

Since Super Duck Tours began operating May 21, Boston Duck Tours has documented at least 30 cases of customers who believed the two companies were one in the same, according to the trademark infringement complaint, which was filed July 2. It asked that the upstart firm be prevented from using the name "super duck tours" or a cartoon duck in association with its sightseeing business.

The confusion among tourists and other consumers "was so abundant that we couldn't ignore it," said Cindy Brown, a general manager and part-owner of Boston Duck Tours. "Our whole company is just relieved."

The lawsuit also alleges that employees at Super Duck Tours have intentionally made false statements about Boston Duck Tours, such as erroneously claiming that its tickets cost nearly twice their actual amount.

A Boston lawyer for Super Duck Tours, Ralph C. Martin Jr., said the company -- which contends that "duck tours" is a generic term for amphibious sightseeing tours -- will appeal the ruling. In the meantime, the company will operate under the name "Super Ducks."

"We're still in business," Martin said, "and we'll continue to conduct tours and go about the business of competing properly while we appeal the restriction."

Gorton also ordered Boston Duck Tours to post a $100,000 bond that will compensate Super Duck Tours for any costs and damages if the younger company ultimately prevails in court.
(By Sacha Pfeiffer, Globe staff)