LOS ANGELES – A Los Angeles company alleges its Duraturf mark is unlawfully being used.
State of the Art Construction Inc. filed a complaint on March 28 in the U.S. District Court for the Central District of California against the defendants Jennifer Spencer, Christopher Glenn Hayman and Does 1 through 20 alleging trademark infringement and cyberpiracy.
According to the complaint, the plaintiff alleges that it is the owner of the Duraturf mark and does business under that name and at duraturfusa.com. The suit states Spencer formerly provided web design services to plaintiff's website. The plaintiff holds Spencer, Hayman and Does 1 through 20 responsible because the defendants allegedly changed the contact information from the plaintiff's website to the information for Earth Design Landscape with Hayman's email address and phone number. It also alleges the defendants registered domain names that are confusingly similar to its mark.
The plaintiff requests a trial by jury and seeks compensatory damages, statutory damages, disgorgement, punitive damages, interest, all legal fees, injunctive relief and any other relief as the court deems just. It represented by Patrick M. Maloney of The Maloney Firm APC in El Segundo.
U.S. District Court for the Central District of California Case number 2:17-cv-02411-PA-MRW