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FLORIDA RECORD

Sunday, November 17, 2024

Nutramax alleges trademark infringement, unauthorized sales

Federal Court
Trademark 07

JACKSONVILLE - A nutritional supplement company has filed a lawsuit against Twine and its principals, claiming they sold Nutramax products without authorization to do so. 

Nutramax Laboratories and Nutramax Laboratories Veterinary Sciences have filed a lawsuit in federal court against Twine, Tyson P. Fitzgerald and Teri L. Scott, citing allegations of trademark infringement, false designations of origin and false descriptions, and Florida common law tortious interference with a contract. 

According to court documents, Nutramax alleges the defendants are not authorized Nutramax resellers and have engaged in the illicit sale of Nutramax health products without their consent. 

Nutramax highlights that their products sold through unauthorized channels may not meet the company's stringent storage and distribution requirements, leading to potential harm to the Nutramax brand's goodwill. The company asserts that the defendants have continued the unauthorized sales despite previous notifications from Nutramax.

Nutramax argues that the defendants' actions constitute trademark infringement, unfair competition, and tortious interference with business relationships. 

Nutramax is demanding a jury trial to seek redress for damages, including actual damages, disgorgement of profits, plus attorneys' fees, court costs and any other relief the court deems proper. Additionally, Nutramax is seeking injunctive relief to stop the defendants from using the Nutramax brand and engaging in further unauthorized sales. The plaintiff is represented in this case by attorneys John D. Goldsmith of Trenam, Kemker, Scharf, Barkin, Frye, O'Neill & Mullis in Tampa and Jason D. Rosenberg of Alston & Bird in Georgia.

U.S. District Court for the Middle District of Florida case number 3:23-CV-01183

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