SAN FRANCISCO – An herbalist has filed suit against competitor over allegations the competing business uses a similar name and has caused confusion among consumers.
Michael Tierra and the East West School of Planetary Herbology filed a complaint on March 30 in the U.S. District Court for the Northern District of California against the Jade Shutes and Ewshas LLC citing unfair competition and trademark infringement.
According to the complaint, the plaintiffs allege that they suffered damages to their business because the defendants are using a similar name of plaintiffs' business and school, The East-West School for Herbal and Aromatic Studies. The suit states the defendants promised to change their name as well as remove the word "herbal" on their mark in response to plaintiff's letter, but has failed to do so. Another demand has allegedly been made by the plaintiffs to the defendants to cease using the confusing marks but the defendant has failed to respond.
The plaintiffs request a trial by jury, disgorgement of defendant's profits in the amount to be determined in trial, treble damages, permanent injunction against the defendant from using plaintiff's East West marks, all legal fees and any other relief as this court deems just. They are represented by Todd C. Harshman of Grotefeld Hoffman in San Francisco and David D. Lin and Roberto Ledesma of Lewis & Lin LLC in Brooklyn, New York.
U.S. District Court for the Northern District of California Case number 3:16-cv-01572-JCS