A Wisconsin-based supplement maker, Nature’s Way Products has filed a lawsuit in the U.S. District Court for the District of Arizona against Nature’s Way Botanicals for trademark infringement.
The plaintiff accused the defendant of infringing nine trademarks, unfair competition and false designation of origin, and cybersquatting.
The plaintiff reportedly said that it recently expanded to the CBD/hemp extract segment of herbal products and supplements but has been using its trademarks on other dietary supplements since 1969.
The plaintiff claims that its marks are distinctive, well known and famous and have been in use for over a quarter of a century.
The plaintiff alleges that the defendant is using a mark that is similar to Nature’s Way Products and is very likely to cause confusion.
“Defendant intends to derive benefit from the reputation of Nature’s Way’s ‘Nature’s Way’ trademarks by adopting identical and confusingly similar names, abbreviations and web domains for identical goods in the supplement industry”, Nature’s Way Products reportedly said.
The plaintiff reportedly said that two cease-and-desist letters have been sent to Nature’s Way Botanicals but received no response.
Nature’s Way Products is seeking a permanent injunction on the nine infringed trademarks, destruction of all infringing goods, transfer of the domain, and profits.
The case is pending.
Nature’s Way Products LLC et al v. Nature’s Way Botanicals LLC
|Judge:||Steven P Logan|
|Court:||Arizona District Court|
|Nature of Suit:||Trademark|
|Case Filed:||Feb 26, 2020|