MIAMI–A Miami corporation is suing over what it believes is trademark infringement and unfair competition under federal and state statutes.
Menper Distributors Inc. filed the suit on Jan. 14 in the U.S. District Court for the Southern District of Florida against The Essential Products Enterprises LLC, doing business as Essential Products USA.
Since Nov. 1, 1999, the plaintiff has used the trademark "Suero Oral" on its electrolyte replacement solution. The suit alleges, however, that the defendant is infringing upon the plaintiff's trademark through the use of “Super Suero Oral” in the marketing and selling of a similar product.
The defendant's use of the designation, and similar looking packaging, is allegedly without the plaintiff's consent or permission. In fact, the suit says, consumers can be misled about which product is the original, trademarked one and which isn't.
In addition to the trademark infringement and unfair competition allegations, the plaintiff also believes the defendant is willfully violating Florida Deception and Unfair Trade practices.
In addition to a jury trial, the plaintiff is asking the court to prevent the defendant from using the trademarked Suero Oral, using a symbol that could be construed to represent Suero Oral and representing that it is associated with the plaintiff. In addition, the plaintiff wants the defendant to account for any profits derived from the alleged deceptive practices.
As for a judgment, the plaintiff seeks three times the greater of profits or damages, or enhanced damages and profits; court costs; and attorney fees. In addition, the company wants the alleged infringing products to be impounded and destroyed. The plaintiff is represented by Rick Ruz PLLC of Coral Gables.
U.S. District Court of the Southern District of Florida Case number 16-cv-20178-UU