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FLORIDA RECORD

Thursday, March 28, 2024

Retailer allegedly sold counterfeit water pipes, is accused of trademark infringement

Trademark 09

MIAMI — A German manufacturer has filed suit against a retailer for alleged trademark infringement pertaining to its handcrafted water pipes.

Roor filed a complaint on Aug. 9 in U.S. District Court for the Southern District of Florida against 902 N Dixie Hwy LLC, doing business as Stop N Shop Market, alleging that the retailer violated the Lanham Act.

According to the complaint, the plaintiff alleges that on Sept. 1, 2009, Roor was granted the trademark by the United States Patent and Trademark Office and the trademark is associated with handcrafted water pipes. The defendant allegedly was found to be selling products bearing a fake Roor trademark. The plaintiff claims it did not receive the benefit of the trademark or any profits from sales. The plaintiff holds 902 N Dixie Hwy LLC responsible because the defendant allegedly was not authorized to sell plaintiff's products, it caused confusion to buyers and created a false affiliation.

The plaintiff requests a trial by jury and seeks judgment against the defendant, award an accounting for profits, damages, attorney's fees, costs and any further relief the court deems appropriate. It is represented by Anthony J. Badway of The Ticktin Law Group PLLC in Deerfield Beach.

U.S. District Court for the Southern District of Florida case number 9:16-cv-81406

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