MIAMI — A medical laboratory has filed suit against another diagnostic company for alleged trademark infringement.
Access Medical Laboratories Inc. filed a complaint Sept. 8 in U.S. District Court for the Southern District of Florida against AML Diagnostics Inc., alleging that the Boca Raton company violated the Lanham Act and Florida Deceptive and Unfair Trade Practices Act through unfair business practices.
According to the complaint, the plaintiff alleges that Access Medical Laboratories Inc. was caused irreparable injury from the loss of profits and deprivation of the benefit of the goodwill attached to its trademark since 2003, when it discovered on Aug. 23, 2012, that the defendant had started using the "AML service mark" in promoting and advertising its business.
The plaintiff holds AML Diagnostics Inc. responsible because the defendant allegedly obtained profits from deceiving consumers to its true origin, enticed consumers at the expense of the plaintiff's success and reputation.
The plaintiff requests a trial by jury and seeks judgment in its favor, to enjoin and restrain destruction of record of operation, account all records of the defendant's business and report back to court, an amount as may be determined due with interest together with costs of suit and all other appropriate relief as the court deems just. It is represented by Haas A. Hatic and Evan Klinek of Greenspoon Marder PA in Fort Lauderdale.
U.S. District Court for the Southern District of Florida case number 16-cv-81561