FT. LAUDERDALE –– The makers of Sugar Bear Hair vitamins accuse a New Hampshire man of selling counterfeit products.
BeSweet Creations filed a complaint in the US District Court of the Southern District of Florida against Riley Herbert, alleging trademark infringement.
According to the complaint, BeSweet learned Riley sold a product identical to its trademarked bear-shaped vitamins through eBay. The packaging was also identical, the complaint states.
BeSweet wants the court to declare the defendant infringed on its trademarks and engaged in trademark counterfeiting. The company also seeks a permanent injunction and a record of all people who purchased the product. In addition, BeSweet demands the defendant hand over all packaging and advertising material.
BeSweet is a Broward County-based vitamin distributor who began selling the vitamins in 2015 from its online retail store. According to court documents, Sugar Bear Hair is the No. 1 best-selling hair vitamin since 2016. The plaintiff also claims the product is the "world's first gummy vegetarian hair multivitamin."
The company is represented by David Ferguson of Kopelowitz Ostrow Ferguson Weiselberg Gilber in Ft. Lauderdale and James Keys of the Keys Law Firm in Miramar.