ORLANDO – A cigar provider has filed suit against a Miami company alleging it is selling cigars using the plaintiff's mark.
Tabacalera Casa De Zabala LLC filed a complaint on Aug. 8 in the U.S. District Court for the Middle District of Florida, Orlando Division against TP US Corp., doing business as Indianhead, alleging trademark infringement and other counts.
According to the complaint, the plaintiff alleges it suffered damages to its business as the result of its 1936 trademark being used. The plaintiff holds TP US Corp. responsible because the defendant allegedly used plaintiff's trademark on its products despite knowing that it was being used by plaintiff.
The plaintiff requests a trial by jury and seeks to enjoin the defendant from further infringing plaintiff's trademark, order the defendant to destroy all infringing materials, all damages and interest, award profits derived from the unlawful act, enhancement of any monetary award, punitive and exemplary damages, all legal fees and interest, and any other relief as the court deems just. It is represented by Travis R. Hollifield of Hollifield Legal Centre in Winter Park.
U.S. District Court for the Middle District of Florida, Orlando Division Case number 6:16-cv-01411-GKS-KRS