SAN FRANCISCO – An El Segundo athleisure company is seeking judgment from a court over claims that it does not infringe a San Diego company's trademark.
Fabletics LLC filed a complaint on Jan. 6 in the U.S. District Court for the Northern District of California against Landmark Technology LLC seeking declaratory judgment of noninfringement.
According to the complaint, the plaintiff alleges that it suffered damages to its business as the result of being accused of patent infringement. The plaintiff holds Landmark Technology LLC responsible because the defendant allegedly threatened the plaintiff of litigation over claimed patent infringement of the '319 patent, which is titled Automatic Business and Financial Transaction Processing System. The plaintiff alleges it does not directly or indirectly infringe this patent.
The plaintiff requests a trial by jury and seeks declare that the plaintiff does not infringe the '319 patent, declare that the '319 patent is invalid, enjoin the defendant from enforcing any patent related to the '319 patent, all legal fees plus interest and any other relief as the court deems just. It is represented by Brian E. Mitchell and Marcel F. De Armas of Mitchell + Co. in San Francisco.
U.S. District Court for the Northern District of California Case number 5:17-cv-00075-BLF