MIAMI – A Hollywood beauty product company is suing a California cosmetic product distributor alleging unauthorized use of the Hard Candy trademark.
Hard Candy LLC filed a complaint on April 5 in the U.S. District Court for the Southern District of Florida against Anastasia Beverly Hills Inc., citing federal trademark infringement, unfair competition and other counts.
According to the complaint, the plaintiff alleges that it has suffered and will continue to suffer incalculable and irreparable damages to its goodwill and dilution of the value of its trademarks unless the defendant is restrained by the court. The plaintiff holds Anastasia Beverly Hills Inc. responsible because the defendant allegedly created a likelihood of confusion, mistake and deception among consumers from the defendant's use of the Hard Candy marks on its Glow Kit cosmetic product.
The plaintiff requests a trial by jury and seeks temporary and permanent injunctive relief, compensation for damages and treble damages in an amount to be proven at trial, attorneys’ fees and costs, disgorgement of any and all gains, profits and advantages derived from unlawful activities, and such other relief as the court may deem just and proper. It is represented by Kevin Kaplan and Gabriel Groisman and Erika Handelson of Coffey Burlington PL in Miami.
U.S. District Court for the Southern District of Florida Case number 1:16-cv-21203