FORT LAUDERDALE (Florida Record) — Fort Lauderdale-based mobility equipment supplier Quick N Mobile is facing a breach of contract suit recently filed in U.S. District Court for the Southern District of Florida.
The lawsuit filed Sept. 12 by California-based MS Marketing, doing business as EZ Lite Cruiser, also names Michigan-based medical equipment company Discover Your Mobility.
"This is an action for, among other things, trademark infringement under 15 U.S.C. § 1051, et. seq., breach of contract, false association, false designation of origin, and for other common law claims and causes of action," the lawsuit said.
EZ Lite Cruiser, which markets and sells lightweight foldable electric wheelchairs and
wheelchair accessories, alleges that Discover Your Mobility is marketing electric wheelchairs and wheelchair accessories in Florida using a trademark too close to EZ Lite Cruiser's mark. The suit also claims that Quick N Mobile "markets, offers for sale and sells on its website electric wheelchairs and wheelchair accessories, including ... wheelchairs that its resells from Discover."
Discover Your Mobility's allegedly infringing marks are identical or almost identical to EZ Lite Cruiser's mark, according to the lawsuit.
"Discover’s unauthorized use of the Discover infringing marks has caused, and is likely to continue to cause, confusion, mistake or deception among consumers and customers as to the source, origin, or sponsorship of such products or as to the affiliation, connection or association of Discover with EZ Lite Cruiser," the lawsuit said. "The consuming public is likely to believe that Discover's use of the Discover infringing marks in connection with its goods and services is authorized, licensed, or sponsored by EZ Lite Cruiser when such is not the case. In fact, EZ Lite Cruiser has received instances of actual confusion resulting from Discover’s infringing use of the Discover Infringing Marks."
The case was filed on behalf of EZ Lite Cruiser by attorney Joshua D. Martin of Johnson & Martin in Fort Lauderdale under case no. 0:18-cv-62152-DPG