TAMPA — A Florida company is suing Lazzara Custom Yachts LLC, Joseph M. Lazzara and Steven B. Lazzara, yacht manufacturer, citing alleged trademark infringement.
Opacmare USA LLC filed a complaint on Nov. 30, in the U.S. District Court for the Middle District of Florida against the defendants alleging that they obtained profit through the use of infringing trademarks.
According to the complaint, the plaintiff alleges that Opacmare USA LLC failed to receive payment of approximately $193,000 for its products that were ordered and delivered to defendants, on February 23, 2015. Plaintiff obtained final judgment in the amount of $187,375 naming defendants as the debtor on July 22, 2015. Judge Mily Rodriguez Powell ordered that all of defendants' intellectual property and registered trademark shall be assigned to the plaintiff in satisfaction of judgment against defendants. The defendants are currently offering the Lazzara-branded yachts, including advertising sale on the internet on the defendant's website, www.LazzaraYachts.com
The plaintiff holds Lazzara Custom Yachts LLC, Joseph M. Lazzara and Steven B. Lazzara responsible because the defendants allegedly used trademarks in commerce without consent from plaintiff or owner of the marks, and caused confusion among consumers by offering similar services and using the same marks as plaintiff's distinctive marks.
The plaintiff requests a trial by jury and seeks judgment against defendants, to enjoin and restrain defendants from offering for sale any yachts with plaintiff's trademark, destroy all marketing, packages, forms, etc. that depicts the mark, all profits from infringement, treble and statutory damages of $100,000 per domain, and $2 million for the use of counterfeit marks, monetary damages, and further relief as the court may deem just. They are represented by Jeffrey B. Sladkus, Mark L. Seigel and Jason H. Cooper of The Sladkus Law Group in Atlanta and Christopher K. Leigh of Christopher K. Leigh PA in Fort Lauderdale.
U.S. District Court for the Middle District of Florida Case number 16-cv-03288