MIAMI — A Florida company that claims to hold the rights to the TechnoMarine trademark owner is suing over alleged trademark infringement.
TM Brands LLC is suing Casa Dimitri Corp. (doing business as Dimitri & Co.), Dimitri & Company Eye Wear Inc. and Dimitri Lampru, citing alleged unfair competition, false designation of origin, cybersquatting and unfair competition.
The plaintiff sued on March 8 in U.S. District Court for the Southern District of Florida against the defendants, alleging that they violated the Lanham Act and caused confusion to the consuming public.
The plaintiff alleges that it has suffered and will continue to suffer irreparable damage to its business and goodwill unless defendant is restrained by the court. The plaintiff claims the defendants have continued to market, distribute and sell eyewear, watches and other products under the TechnoMarine name without approval from TM Brands, despite being cautioned to cease such sales.
The plaintiff seeks the following: an order of preliminary and permanent injunction enjoining defendants from using TechnoMarine marks; an order requiring the transfer of www.technomarinele.com and www.technomarine-eyewear.com domain names to them; compensation for damages and for all profits gained by defendant, pre-judgment and post- judgment interest, reasonable attorney’s fees and costs; and any further relief that the court may deem just and proper. It is represented by Glen H. Waldman of Heller Waldman, P.L. in Coconut Grove.
U.S. District Court for the Southern District of Florida Case number 1:16-cv-20850