MIAMI – A health and fitness company is suing a T-shirt manufacturer alleging that it is selling shirts with its logo without authorization.
Zumba Fitness LLC filed a complaint on May 9 in the U.S. District Court for the Southern District of Florida against CustomInk LLC citing trademark counterfeiting, trademark infringement, copyright infringement and other counts.
According to the complaint, the plaintiff alleges that the defendant's actions has caused it to suffer and will continue to suffer irreparable harm to its goodwill symbolized by the ZUMBA trademarks and the reputation for quality that the marks embody. The plaintiff holds CustomInk LLC responsible because the defendant allegedly designed, manufactured, distributed, advertised, promoted, offered for sale, and/or sold apparels identified as Zumba T-Shirts and Zumba tee shirts, bearing confusingly similar and/or substantially indistinguishable imitations of the ZUMBA marks and logos.
The plaintiff requests a trial by jury and seeks preliminary and permanent injunction enjoining defendant from further infringement of the ZUMBA copyright in any manner, an order for defendant to recall all products bearing the ZUMBA intellectual property or any other confusingly similar variations, compensation for all all damages, costs of this action and attorneys’ fees, prejudgment interest and such other and further relief as the court may deem just. It is represented by Jaime Rich Vining and David K. Friedland of Friedland Vining PA in Miami.
U.S. District Court for the Southern District of Florida Case number 0:16-cv-60997