FORT MYERS – A North Carolina company is suing Living Well Spending Less Inc. and Ruth Soukup alleging they sell planners that infringe the plaintiff's mark.
Kotori Designs LLC, doing business as InkWELL Press, filed a complaint on Aug. 15 in the U.S. District Court for the Middle District of Florida, Fort Meyers Division against the defendants alleging that they used plaintiff's LiveWELL Planner mark on their products.
According to the complaint, the plaintiff alleges that Kotori Designs LLC suffered damages to the business from having its trademark infringed. The plaintiff holds Living Well Spending Less Inc. and Ruth Soukup responsible because the defendants allegedly named their planners Living Well, which causes confusion among consumers.
The plaintiff seeks to permanently enjoin the defendant from further infringing the plaintiff's trademark, order the defendant to deliver up for destruction all infringing materials, disgorge profits and other allegedly ill-gotten gains, punitive damages, all legal fees and any other relief as this court deems just. It is represented by Kelly D. Haywood of Bivins & Hemenway P.A. in Valrico and Evan W. Talley of Dunlap Codding PC in Oklahoma City.
U.S. District Court for the Middle District of Florida case number 2:16-cv-00637-UA-CM