WEST PALM BEACH – A vitamin manufacturer alleges a Los Angeles competitor sells nutritional supplements under a similar name.
Almark Products Inc. filed a complaint on July 20 in the U.S. District Court for the Southern District of Florida, West Palm Beach Division against Yukon Reyes Consulting Inc. alleging trademark infringement.
According to the complaint, the plaintiff alleges that it suffered damages as the result of its Vitalmax vitamin trademark being used without its authority by the defendant. The plaintiff holds Yukon Reyes Consulting Inc. responsible because the defendant allegedly used the name Vitalmax VT to market a male enhancement supplement and continued to use plaintiff's trademark even after plaintiff requested it to stop in July.
The plaintiff requests a trial by jury and seeks preliminary and permanent restraining and enjoining the defendant from further infringing plaintiff's trademark, award plaintiff all profits and damages derived from the allegedly unlawful act, order the defendant to destroy all infringing materials, all legal fees and interest and any other relief as the court deems just. It is represented by John A. Turner of Arnstein & Lehr LLP in West Palm Beach.
U.S. District Court for the Southern District of Florida, West Palm Beach Division Case number 9:16-cv-81300-DMM