Local t-shirt company claims trademark infringement

The Pocatello clothing company behind “American Built” t-shirts is claiming trademark infringement after several shirts with its trademarked phrase began appearing at Walmart.

According to the U.S. Patent and Trademark Office database, Pocatello-based T-Shirt Mafia trademarked the phrase “American built” in 2012. But several months ago, the company said it discovered California-based Hybrid Apparel was manufacturing shirts bearing the phrase and selling them at Walmart.

“We trademarked the phrase ‘American built.’ It doesn’t matter the font or anything like that. It’s just the words,” said Nicholas Carson, co-founder of T-Shirt Mafia.

While Carson’s shirts are all made in America, he said the Hybrid Apparel shirts were not.

“They’re made in Honduras and Nicaragua,” said Carson.

Carson, a former marine and Iraq War veteran who founded his company with a fellow veteran, said Hybrid Apparel agreed to stop using the phrase after T-Shirt Mafia lawyers sent them a cease-and-desist letter.

“They flat out messed up. They admitted it,” said Carson.

Carson said Hybrid Apparel sold in excess of 88,000 “American built” shirts. He said he’s speaking out now because he wants people to be on the look out for any knock-off shirts that may still be in stores.

“It’s a scary situation. You’ve got a big company that can crush you in no time at all,” said Carson.

Carson’s shirts are sold mainly on his website and at a handful of local retailers. He said he doesn’t currently sell them at Walmart.

Local News 8 made several unsuccessful attempts to contact Hybrid Apparel.