LOS ANGELES – A Sylmar beverage company alleges another beverage maker in Arizona has continued to use its mark despite letters from its counsel.
Orange Bang Inc. filed a complaint on Sept. 8 in the U.S. District Court for the Central District of California against Sudden Impact, Partners Inc. alleging trademark infringement.
According to the complaint, the plaintiff alleges that it learned the defendant was using the plaintiff's Ole mark for its Ole Energy drinks. The plaintiff holds Sudden Impact, Partners Inc. responsible because the defendant allegedly continued to use plaintiff's Ole trademark on its products despite the refusal of the U.S. Patent and Trademark Office to assign the mark, citing its possible confusion with the plaintiff's mark.
The plaintiff requests a trial by jury and seeks to enjoin the defendant from further infringing plaintiff's trademark, order the defendant to dispose all materials that infringes plaintiff's trademark, money damages and treble damages, accounting of all defendant's profits, plus any other relief the court deems just. It is represented by John E. Kelly, Aaron T. Borrowman and Michael A. DiNardo of Kelly & Kelley LLP in Woodland Hills.
U.S. District Court for the Central District of California Case number 2:16-cv-06752-SJO-E