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Florida cosmetic companies battling over alleged trademark violations

By Annie Hunt | Jan 15, 2016

MIAMI—A Florida cosmetics company is suing another business in the state alleging it has used trademarked wording.

Natura New York, LLC., filed a federal lawsuit in the U.S. District Court of the Southern District of Florida Miami Division against Importaciones Defalla LLC on Jan. 14, alleging trademark infringements and the defendant’s unjust enrichments from using the plaintiff’s mark.

According to the claim, the plaintiff registered the terms “D’Nature New York” and “Natura New York” with the U.S. Patent and Trade Office for cosmetics and make-up in 2009 and 2000, respectively. Since the registration, the plaintiff has been using the trade names in national and international commerce. The plaintiff claims the defendant adopted the designation “Natura USA” to describe goods similar to the Natura brand.

Prior to 2010, the defendant worked with Natura and allegedly was allowed usage of the mark until the relationship was severed in 2010. When the defendant opened its own business in 2010, the plaintiff alleges  the company continued to use the trademark “Natura USA.” Despite objections made by the plaintiff, including a cease and desist letter sent in 2014, Natura claims that the trademark continued to be used by the defendant, actions that the claim alleges are federal and common law infringements of trademarks and stand in violation of the Lanham Act.

Natura New York seeks damages, including interest and costs; a disgorging of the defendant’s profits; exemplary damages to be proved in trial; and attorneys’ fees. The company is represented by Chris Sanchelima of Sanchelima & Associates, P.A., in Miami.

Southern District of Florida Miami Division Court Case number 1:16-cv-20181-FAM

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