FORT MYERS — A Florida corporation is suing Neo New Oncology AG, and various John Does, Jane Does and ABC Companies, a German business, citing alleged unfair competition.
Neogenomics Laboratories, Inc. filed a complaint on Oct. 25, in the U.S. District Court for the Middle District of Florida against the defendants alleging that they used plaintiff's trademark on similar goods and services they offer.
According to the complaint, the plaintiff alleges that Neogenomics Laboratories, Inc. suffered damages to their business as the result of the infringement. The plaintiff holds Neo New Oncology AG, and various John Does, Jane Does and ABC Companies responsible because the defendants allegedly continued to use the "NEO" trademark despite having their application with the USPTO denied.
The plaintiff seeks enjoin the defendant from further infringing plaintiff's trademark, payment of all profits gained by the defendants, monetary damages, statutory, enhanced and treble damages, corrective advertising, all legal fees and any other relief as this court deems just. They are represented by Jennifer L. Whitelaw of Whitelaw Legal Group in Naples.
U.S. District Court for the Middle District of Florida Case number 2:16-cv-00790-UA-MRM