TAMPA – A Georgia pest control manufacturer claims a Brooksville pest control products distributor copied its sprayer design.
B&G Equipment Co. Inc. filed a complaint on Dec. 16 in the U.S. District Court for the Middle District of Florida against Airofog USA alleging trademark infringement.
According to the complaint, the plaintiff alleges that since 1949, it has been in the business of manufacturing and selling various pest control products, such as the B&G Sprayer, which plaintiff obtained trademarks for in 2007, and the Aerosol Delivery Unit. However, the plaintiff alleges the defendant began selling sprayers and aerosol devices with designs that copied plaintiff's products and that as a result, plaintiff suffered injuries to its reputation and goodwill.
The plaintiff holds Airofog USA responsible because the defendant allegedly was unjustly enriched at the expense of plaintiff.
The plaintiff requests a trial by jury and seeks judgment against defendant; entry of a judgment that defendant has infringed upon plaintiff's federal trademarks; enjoin defendant from further infringement and using any false designation; destroy all labels, wrappers and other materials similar with plaintiff; disgorgement of profits; actual and punitive damages; account and pay profits from infringement, corrective advertising campaign; attorneys’ fees; costs and other relief as the court may deem just. It is represented by Jeremy T. Elman of DLA Piper LLP in Miami.
Tampa Division for the Middle District of Florida Case number 8:16-cv-03432