MIAMI – A Miami watch company is facing accusations from another watch maker that is continues to use a trademark without permission.
Elf Cocoon LLC filed a complaint on July 12 in the U.S. District Court for the Southern District of Florida, Miami Division against Philip Stein Holding Inc.; Pstein Inc., formerly known as Teslar Inside Corp.; Wilhelm Stein; and Rina Stein alleging breach of settlement agreement and other counts.
According to the complaint, the plaintiff alleges that it suffered damages to its business as a result of its settlement agreement with the defendants being breached and its Teslar mark being used without its consent. The plaintiff holds the defendants responsible because the defendants allegedly manufactured and distributed counterfeit products that bear the Teslar mark which also creates confusion among consumers that the defendants still use the plaintiff's technology in their watches.
The plaintiff requests a trial by jury and seeks damages, profits, damages in an amount of three times defendants' profits, statutory damages, interest, all legal fees and any other relief as the court deems just. It is represented by Michael J. Schlesinger and Robert R. Jimenez of Schlesinger & Associates PA in Miami.
U.S. District Court for the Southern District of Florida, Miami Division Case number 1:16-cv-23024-UU