FORT LAUDERDALE — A plastic surgeon has filed a claim against Dr. Hope Sherie and The Cosmetic Concierge PLLC, alleging that the defendants have copied his trademark.
Dr. Charles Garramone filed a complaint on Aug. 8 in the U.S. District Court for the Southern District of Florida, Fort Lauderdale Division, against the defendants alleging that they used the MANSCULPTURE mark to deceive consumers into thinking that they're affiliated with the plaintiff. Both plastic surgeons specialize in female-to-male transgender surgeries, the suit states.
According to the complaint, the plaintiff alleges that he suffered damages as the result of his MANSCULPTURE mark being used without his consent. The plaintiff holds Dr. Hope Sherie and The Cosmetic Concierge PLLC responsible because the defendants allegedly used the plaintiff's mark to make consumers believe that plaintiff has approved and/ or recommend their services. He also alleges unfair competition.
The plaintiff requests a trial by jury and seeks an injunction against the defendant from further infringing the plaintiff's trademark, award damages and profits to the plaintiff, actual damages, all legal fees and interest, and any other relief as the court deems appropriate. The plaintiff is represented by Derek R. Fahey of The Plus IP Firm PLLC in Fort Lauderdale.
U.S. District Court for the Southern District of Florida, Fort Lauderdale Division case number 0:16-cv-61894-WJZ