MIAMI — A Florida cosmetics company is suing for copyright and trademark infringement after another company allegedly sold counterfeit products bearing its name.
JP Cosmetics, JJJ Distributors and F5 NuNaturals filed suit on Nov. 15 in the U.S. District Court for the Southern District of Florida against J. Pinon Enterprises of Tampa and Joaquin Pinon for alleged trademark infringement, counterfeiting, false association and misrepresentations and unfair competition.
JP Cosmetics is seeking damages, attorneys' fees and a recall, surrender and destruction of all counterfeit products.
JP Cosmetics says it owns the trademark for brands Corlys, Talisman Cosmetics, Violeta Habanera and Sol De Oro. According to the lawsuit, Pinon knowingly purchased counterfeit goods "in an attempt to circumvent genuine products manufactured by J.P. and F5, which are sold by JJJ Distributors."
"The sales of counterfeit products by the Defendants—along with accompanying improper use, such as through resale and advertising—cause a false association in the minds of the consuming public between Plaintiffs, Plaintiffs’ Marks, Pinon, Inc., and Pinon," the lawsuit contends.
The counterfeit products harm JP Cosmetics and its associates' reputations, the lawsuit says, "because the counterfeit products manufactured by third-parties and sold by the Defendants were of an inferior quality."
According to the lawsuit, Pinon, a prior customer of JJJ, purchased $64,247.65 of counterfeit and infringing products bearing JP Cosmetics' marks from third-parties.
Pinon acquired "$47,165.60 worth of Violeta Habanera product and $17,082.05 worth of Sol De Oro, Talisman Cosmetics and Corlys products," the lawsuit says.
Pinon received a discount on the counterfeits, the lawsuit claims. "This invariably meant that Pinon would maintain its margins on the resale of counterfeit products," it says.
JP Cosmetics claims that Pinon's "purposeful and knowing purchase of counterfeit goods is an attempt to circumvent genuine products manufactured by J.P. and F5, which are sold by JJJ Distributors."