MIAMI – An Italian clothing company alleges that a Coral Gables company operates under a similar name that could cause confusion among the public.
Antonino Aiello, doing business as 100% Capri, filed a complaint on May 9 in the U.S. District Court for the Southern District of Florida against Palladium Moda USA Inc., doing business as 120% Lino, alleging trademark infringement.
According to the complaint, the plaintiff alleges that the defendant uses a mark that is similar to its own and that the parties' stores have similar looks. The plaintiff holds Palladium Moda USA Inc. responsible because the defendant allegedly sold similar goods under marks likely to confuse consumers, used the 120% Lino mark in connection with the operation of a retail store and in the promotion, advertisement, distribution and sales of its goods, which is allegedly likely to cause confusion, mistake and/or to deceive the public.
The plaintiff requests a trial by jury and seeks preliminary and permanent injunction prohibiting and enjoining defendant from further displaying, promoting, using in promoting and/or selling its goods, compensation for damages, attorneys’ fees and costs and for such other and further relief as the court deems just and proper. He is represented by Edmar Amaya of Edam Law PLLC in Miami and of Pryor Cashman LLP in New York, New York.
U.S. District Court for the Southern District of Florida Case number 1:16-cv-21634