Flumgio Technology Inc. has filed a lawsuit against La Carbonella Wholesale and associated individuals in California for alleged unfair competition, false advertising, and trademark infringement.
The plaintiff is the owner of the registered design trademark "FLUM" related to the sale of flavored e-cigarette liquid products. The plaintiff submitted the trademark registration in April 2021 and was registered in April 2022. According to the complaint, in around November 2021, the plaintiff discovered that the defendant had submitted a similar trademark to the US Patent and Trademark Office for their sale of flavored e-cigarette liquid products.
Plaintiff's trademark:
The defendant's trademark:
The lawsuit alleges that the defendant used a trademark similar to the plaintiff's, intentionally deceiving customers into purchasing the defendant's products. The complaint also claims that if the defendant is allowed to continue using a similar trademark, the confusion caused for customers will result in economic losses for the plaintiff's business. According to the lawsuit, the plaintiff sent a cease and desist letter to the defendant in December 2021, but did not receive any response.
The plaintiff is seeking the following remedies: injunctive relief, ordering the defendant to cease marketing and selling all infringing products, ordering the defendant to surrender all infringing products held in custody, recovering the defendant's profits, and compensating the plaintiff for damages.
The plaintiff is represented by Ardent Law Group PC.
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