LOS ANGELES – Two Canoga Park corporations allege that their mark is unlawfully being used by a Kentucky company.
Uptime Sports Nutrition Inc. and Uptime Energy Inc. filed a complaint on June 13 in the U.S. District Court for the Central District of California, Western Division against Up Energy Drink LLC alleging trademark infringement.
According to the complaint, the plaintiffs sell Uptime nutritional supplements and beverages. They allege that they suffered damages to their business as the result of their mark being used. The plaintiffs hold Up Energy Drink LLC responsible because the defendant allegedly used a confusingly similar Up mark as the plaintiff to advertise their sports beverage.
The plaintiffs seek to enjoin the defendant, monetary relief, actual damages, profits, punitive damages, enhanced damages, interest, all legal fees and any other relief as the court deems just. They are represented by Jeffrey B. Valle and David S. Shukan of Valle Makoff LLP in Los Angeles.
U.S. District Court for the Central District of California, Western Division case number 2:17-cv-04396-JFW-JC