FORT MYERS – A pet care products manufacturer alleges another company is using its mark to sell similar products.
Gulf Coast Nutritionals Inc. filed a complaint on Jan. 6 in the U.S. District Court for the Middle District of Florida, Fort Myers Division against Pet King Brands Inc. and various John Does, Jane Does and ABC companies alleging trademark infringement.
According to the complaint, the plaintiff alleges that it owns all rights, title and interest of the mark "Brushless" and other iterations, awarded by the U.S. Patent and Trademark Office under registration number 4002981, for plaintiff's use on its pet care products and services. It alleges the defendants were found to have been openly and regularly using the similar trademark for use on their own products and services, which directly competes with plaintiff, without any authority or license from them.
The plaintiff holds Pet Kings Brands Inc. and various John Does, Jane Does and ABC companies responsible because the defendants allegedly deprived plaintiff of its right to present its goods and services to the public, deceived the public as to the origin of the infringing goods and services, traded upon and cashes in on plaintiff's reputation and trademark rights, and introduced inferior goods and services in commerce.
The plaintiff requests a trial by jury and seeks judgment in its favor, preliminary and permanent injunction, account and payment of profits from infringement, statutory, enhanced, or treble damages, cancellation of all infringing marks, attorney's fees, costs, and permanent 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 2:17-cv-00007