TAMPA – A Trinity marketer and seller of electronic cigarettes and accessories claims a Seattle company is unlawfully using its mark.
Nicopure Labs LLC filed a complaint on March 28 in the Tampa Division of the Middle District of Florida against Health Max Group Inc. alleging trademark infringement.
According to the complaint, the plaintiff alleges that it has suffered and will continue to suffer damage to its business, goodwill, reputation, and profits from defendant's wrongful adoption and use of the term “Halo” that is confusingly similar to the Halo Marks registered and owned by the plaintiff.
The plaintiff holds Health Max Group Inc. responsible because the defendant allegedly obtained substantial benefits at the expense of plaintiff and is likely to cause confusion among consumers as to the true origin and affiliation of the infringing product.
The plaintiff requests a trial by jury and seeks judgment against defendant, enjoinder against further violation, constructive trust, accounting and restitution of any profits, compensatory damages, attorneys' fees and costs, damages for willful infringement plus punitive damages, injunctive relief, and further relief as to the court may seem just. It is represented by David L. Luikart III and Tori C. Simmons of Hill, Ward & Henderson PA in Tampa.
Tampa Division of the Middle District of Florida Case number 8:17-cv-00730