ORLANDO — An advertisement newspaper is suing 4D Distribution LLC and Scott Dixon, a former licensee, citing alleged trademark infringement and false advertising.
Treasure Chest Media LLC filed a complaint on March 27 in the U.S. District Court for the Middle District of Florida alleging that the defendants obtained profit through the use of infringing trademarks.
According to the complaint, the plaintiff alleges that, on Dec. 16, 2016, Treasure Chest Media informed defendants that their current licensing agreement was expiring and a new agreement would need to be executed for defendants to continue using the trademarks "Treasure Chest of Sweetwater." However, the defendants refused to execute a new licensing agreement or make payment, and instead the defendants created and applied for a trademark nearly identical to plaintiff, "The Treasured Chest." The plaintiff holds 4D Distribution and Dixon responsible because they allegedly continued marketing, advertising and selling services using an infringing trademark through an infringing website, without plaintiff's consent.
The plaintiff requests a trial by jury and seeks judgement against defendants, temporary, preliminary and permanent injunction, transfer of infringing website, punitive and exemplary damages, attorney's fees, litigation expenses and other relief as the court deems just. The plaintiff is represented by Kevin P. Donaghy of Donaghy Law in Longwood.
U.S. District Court for the Middle District of Florida Orlando Division Case number 17-cv-00539