ORLANDO — A developer is suing Tuscan Gardens Group LLC and Tuscan Gardens Management Corp., a Florida corporation, citing alleged trademark infringement.
Kisco Senior Living LLC filed a complaint on Oct. 17, in the U.S. District Court for the Middle District of Florida Orlando Division against the defendants alleging that they obtained profit through the use of infringing trademarks.
According to the complaint, the plaintiff states that Kisco Senior Living LLC is a leading developer and manager of more than 55 senior independent and assisted living communities throughout the United States. In fact, the plaintiff owns a registered service mark, "The Art of Living Well", which the plaintiff discovered was also allegedly being used by the defendant to advertise, market and sell their own property without express consent from plaintiff, thereby causing damages to plaintiff's reputation and goodwill.
The plaintiff holds Tuscan Gardens Group LLC and Tuscan Gardens Management Corp. responsible because the defendants allegedly caused confusion, mistake and deception of the public that the defendant's property was licensed and authorized by the plaintiff, and used a registered trademark without consent from plaintiff.
The plaintiff requests a trial by jury and seeks judgment in its favor, damages, attorneys' fees, costs and further relief as the court deems just. They are represented by Jill Sarnoff Riola and David E. Cannella of Carlton Fields in Orlando.
U.S. District Court for the Middle District of Florida Orlando Division Case number 6:16-cv-01792