Recently, Lontex Corporation filed a lawsuit in Pennsylvania federal court against Nike Inc. alleging that the defendant used its trademarked ‘Cool Compression’ branding term without authorization.
According to the lawsuit, Lontex claims that it began using the cool compression term in 2007 and registered the trademark in 2008.
The plaintiff accuses the defendant of initiating a fraudulent launch of its own cool compression products in 2015 which has yielded over $40 million in sales profits as a result of the infringement.
“By its illegitimate and unauthorized use of cool compression, Nike acted despite knowing of the likelihood of confusion with Lontex’s valid, incontestable trademark registrations,” Lontex said.
The plaintiff alleges that the infringement has caused damages, unfair competition and confusion to customers.
Lontex is seeking jury, payment of statutory damages of up to $2 million per infringement and an injunction against Nike’s cool compression products, attorneys’ fees.
LONTEX CORPORATION v. NIKE, INC.
|Pennsylvania Eastern District Court|
|Judge:||Michael M Baylson|
|Nature of Suit||Trademark Infringement|
|Cause||Trademark Infringement (Lanham Act)|
|Case Filed:||Dec 31, 2018|