This week, a Florida-based vitamin company, Besweet Creations filed a lawsuit in the U.S. District Court for the Southern District of Florida against a Texan rival, Trureflections for trademark infringement over its line of “vitamin gummies”.
The plaintiff owns the ‘Sugarbearhair’ brand of hair vitamin products which was registered in 2015 with registration number US number 5,033,503.
According to the lawsuit, the plaintiff claims that they have used the registered mark in marketing a line of vitamin products, including hair vitamins and have invested significant resources into developing its brad which presently has earned goodwill and a great reputation.
The plaintiff alleges that Trureflections copied its signature gummy bear design and the decorative bottle without authorization.
The plaintiff further alleges that the infringement has caused damages, confusion and unfair competition.
Besweet is seeking damages for wilful infringement of its mark and false designation of origin, and an injunction preventing Trureflections from continuing to use the gummy bear design, as well as a ruling forcing Trureflections to pay for corrective advertising.
BeSweet Creations, LLC v. TruReflections, Inc.
|Florida Southern District Court|
|Judge:||Darrin P Gayles|
|Nature of Suit||Trademark|
|Cause||Trademark Infringement (Lanham Act)|
|Case Filed:||Feb 25, 2019|