ORLANDO – An Orlando business is accused of using another company's industry knowledge to boost its business.
Vertical Concrete Polishing Inc. filed a complaint on Jan. 6 in the U.S. District Court for the Middle District of Florida, Orlando Division against Xiaoyu Abrasive Inc., doing business as Universal Polishing Systems, citing the Lanham Act and the Florida Deceptive and Unfair Trade Practices Act.
According to the complaint, the plaintiff alleges that it and the defendant entertained the possibility of a business partnership and further enhanced their relationship by sharing a booth space at an industry trade show. Once their partnership talks fell apart, the suit states the defendant expanded its own business to directly compete with plaintiff, and was discovered to be passing off plaintiff's works as its own and stated the plaintiff's machines were its own on its website.
The plaintiff holds Xiaoyu Abrasive Inc., doing business as Universal Polishing Systems, responsible because the defendant allegedly caused confusion regarding its affiliation, connection, or association to plaintiff, and attempted to trade off plaintiff's goodwill, reputation and name recognition for its own benefit.
The plaintiff requests a trial by jury and seeks judgment against defendant, damages, attorneys' fees, interest, costs, and further relief as the court may deem just. It is represented by Jeffrey M. Partlow of Cole, Scott & Kissane PA in Orlando and Todd Deveau and Wesley Roberts of Thomas Horstemeyer LLP in Atlanta, Georgia.
U.S. District Court for the Middle District of Florida, Orlando Division Case number 6:17-cv-00031