FORT MYERS – A Naples nutritional bar and snack company alleges a competitor is using its mark.
IP Associates LLC filed a complaint on Oct. 11 in the U.S. District Court for the Middle District of Florida against AMPC Inc., doing business as Essentia Protein Solutions, various John Does, Jane Does and ABC companies alleging trademark infringement.
According to the complaint, the plaintiff alleges that it is the registered owner of the ProBar family marks, a brand of nutritional bars and snacks. It claims that the defendants intend to profit from the commercial use of and displaying the confusingly similar mark of their infringing product, ProBase.
The plaintiff holds AMPC Inc., various John Does, Jane Does and ABC companies responsible because the defendants allegedly breached their duties as newcomers to avoid the adoption and use of any trademarks that are confusingly similar to their competitors and misled the consumers as to the true origin and association of the defendants with plaintiff.
The plaintiff requests a trial by jury and seeks judgment in its favor, preliminary and permanent injunction, accounting and payment of all profits gained from infringement, damages, corrective advertising, attorney's fees, cost and further relief as the court may deem just. It is represented by Jennifer L. Whitelaw of Whitelaw Legal Group in Naples.
U.S. District Court for the Middle District of Florida, Fort Myers Division Case number 2:16-cv-00757