FORT MYERS — A California corporation is suing Pobra Enterprises LLC d/b/a Swan Age Reversal Centers, Naples Pobra LLC d/b/a Swan Centers, John Brannelly, Michael A. Poka, Dr. Michael G. Barile, Dr. Andrea Basile, John Does 1 through 50, John Doe Corporations 1 through 50, and John Doe Entities 1 through 50, Florida company, citing alleged unfair competition.
Zeltiq Aesthetics, Inc. filed a complaint on Oct. 25, in the U.S. District Court for the Middle District of Florida against the defendants alleging that they offered similar services as the plaintiffs.
According to the complaint, the plaintiff alleges that Zeltiq Aesthetics, Inc. suffered damages to their business. The plaintiff holds Pobra Enterprises LLC d/b/a Swan Age Reversal Centers, Naples Pobra LLC d/b/a Swan Centers, John Brannelly, Michael A. Poka, Dr. Michael G. Barile, Dr. Andrea Basile, John Does 1 through 50, John Doe Corporations 1 through 50, and John Doe Entities 1 through 50 responsible because the defendants allegedly used the “Cryolipolysis” and “Swan Cryo Freeze” on their products and services that are confusingly similar to that of the plaintiff.
The plaintiff seeks to enjoin the defendant from further infringing the plaintiff's trademark, order the defendant to surrender for examination and/or destruction all infringing materials, award damages to the plaintiff, issue a corrective advertising, all legal fees and any other relief as this court deems just. They are represented by Jesse H. Diner and S. Carey Villeneuve of Buchanan Ingersoll & Rooney in Fort Lauderdale and Carrie A. Shufflebarger of Thompson Hine LLP in Cincinnati, Ohio.
U.S. District Court for the Middle District of Florida Case number 2:16-cv-00792-UA-MRM