MIAMI – A weight loss product distributor is suing a competitor, alleging that it sells a tea with the same name as one of its products.
Hincalight Corp. filed a complaint on March 17, in the U.S. District Court for the Southern District of Florida against the Natural Products International LLC and Jean Pierre Fuente, citing trademark infringement and unfair competition.
According to the complaint, the plaintiff alleges that it has suffered and will continue to suffer irreparable harm to its valuable trademarks, trade dress and to its business and goodwill until a decision is rendered in its favor. The plaintiff holds Natural Products International LLC and Fuente responsible because the defendants allegedly introduced a weight loss tea bearing the exact same name with a package that is confusingly similar to the plaintiff's Piñaterapia weight loss tea, and attempted to divert sales away from the plaintiff's weight loss products.
The plaintiff request a trial by jury and seeks an award of monetary damages in an amount to be determined at trial, a permanent injunction restraining defendants from imitating the Piñaterapia marks, a permanent injunction restraining defendants from operating any website associated with the infringing domain name, attorneys’ fees, costs and expenses, and any further relief that the court may deem equitable and just. It is represented by Edmar Amaya of Edam Law PLLC in Miami and Martin S. Simkovic of Simkovic Law Firm PA in Miami.
U.S. District Court for the Southern District of Florida Case number 1:16-cv-20980