ORLANDO — A Florida joint venture is suing a Minnesota company, alleging patent infringement.
Cherokee Gray Eagle IP LLC and Rebounderz Franchise and Development Inc. filed a lawsuit Nov. 23 in U.S. District Court for the Middle District of Florida Orlando Division against Airheads Trampoline Arena LLC, alleging breach of duty of good faith and fair dealing.
According to the complaint, the plaintiffs are a leading developer and franchiser in the indoor trampoline arena industry and the sole and exclusive owner of valid and active patents covering the structure of the trampoline arenas and a registered trademark and trade dress for its green and blue color scheme throughout its facilities, logos and website.
However, the suit says, the plaintiffs learned Airheads Trampoline has sold, offered for sale, and uses trampoline arenas that directly or indirectly infringe upon one or more claims of the patents in suit and it also has incorporated the plaintiffs' trademark dress on its website.
The plaintiffs allege Airheads Trampoline caused confusion among consumers by offering similar services and using the same trademarks as the plaintiffs' distinctive marks to capitalize and receive the benefit of the plaintiffs' reputation and good will.
Cherokee Gray Eagle and Rebounderz Franchise and Development seek trial by jury preliminary and then a permanent injunction, damages, attorney fees and court costs, plus all relief the court deems just. They are represented by attorneys Ava K. Doppelt and Brock A. Hankins of Allen, Dyer, Doppelt, Milbrath & Gilchrist PA in Orlando.
U.S. District Court for the Middle District of Florida Orlando Division Case number 16-cv-02054