JACKSONVILLE – A St. Augustine company that sells e-liquid alleges a North Hollywood, California company uses a similar design to advertise its e-liquids.
Fuzion Vapor LLC filed a complaint on July 22 in the U.S. District Court for the Middle District of Florida, Jacksonville Division against Fumizer LLC, doing business as Fumi Vapor, alleging trademark infringement and other counts.
According to the complaint, the plaintiff alleges that it suffered damages to its business as the result of its trademark being used without its authority by the defendant. The plaintiff holds Fumizer LLC responsible because the defendant allegedly adopted and used plaintiff's "FV" design to promote its e-liquids and personal vaporizers on its online store.
The plaintiff requests a trial by jury and seeks to enjoin the defendant from further infringing plaintiff's trademark, order to cancel the domain name fumivapor.com and any domain names owned by the defendant, award plaintiff three times actual damages and profits derived from the infringement, exemplary and punitive damages, 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 James R. McCachren and Richard D. Rivera of Smith, Gambrell & Russell LLP in Jacksonville and Elizabeth G. Borland of Smith, Gambrell & Russell LLP in Atlanta, Georgia.
U.S. District Court for the Middle District of Florida, Jacksonville Division Case number 3:16-cv-00942-MMH-PDB