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FLORIDA RECORD

Thursday, March 28, 2024

Chiropractor claims nearby competitor took nearly identical name in 2015

Trademark 04

FORT LAUDERDALE — A Miami chiropractor is suing Oceans Chiropractic Inc., citing alleged trademark infringement.

Craig H. Kaler DC PA d/b/a Ocean Chiropractic Center of Aventura filed a complaint on April 27 in the Broward Circuit Court against the defendant, located in Plantation, alleging that the company breached its duty of good faith and fair dealing.

According to the complaint, the plaintiff alleges that, starting in 2015, he suffered injury to his business, reputation and profit as a result of defendant's intent to misappropriate plaintiff's goodwill by deceiving the public and causing commercial confusion through the use of plaintiff's similar well-known mark to promote and operate competing products and services. 

The plaintiff holds Oceans Chiropractic responsible because the defendant allegedly caused confusion among consumers by using the same marks as plaintiff's distinctive marks and capitalized and received the benefit of plaintiff's reputation and goodwill.

The plaintiff requests a trial by jury and seeks judgment against defendant for damages, injunctive relief and attorney's fees. The plaintiff is represented by Spencer J. Charif of The Law Office of Spencer J. Charif in Miami.

Broward Circuit Court Case number 17-007969

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