SACRAMENTO – A Sacramento dental products company claims that a New Jersey company has been selling similar products with a similar name.

iSmile Dental Products Inc. filed a complaint on May 13 in the U.S. District Court for the Eastern District of California against the defendants alleging trademark infringement.

According to the complaint, the plaintiff alleges that it suffered damages as a result of its mark being infringed. The plaintiff holds Smile Dental Supply Inc. and Does 1 through 100 responsible because the defendants allegedly used a mark that resembles plaintiff's branding, which it alleges would likely cause confusion to the plaintiff's customers.

The plaintiff requests a trial by jury and seeks order to enjoin and restrain the defendant and its agents, order to destroy any piece of label that reflects the infringing mark, punitive and exemplary damages, treble damages, interest, all legal fees and any other relief as this court deems just. It is represented by Scott M. Hervey and Josh H. Escovedo of Weintraub Tobin Chediak Coleman Grodin in Sacramento.

U.S. District Court for the Eastern District of California Case number 2:16-at-00562

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U.S. District Court for the Eastern District of California

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