SAN JOSE – A Monterey company alleges a Colorado business has infringed on its Hearing Choice trademark.
Central Coast Audiology Inc. filed a complaint on May 18 in the U.S. District Court for the Northern District of California, San Jose Division against Choice Providers LLC, doing business as Choice Hearing Aid Providers, and Does 1-10, citing trademark infringement, unfair competition and other counts.
According to the complaint, the plaintiff alleges that it has suffered damages to its business as a result of a mark similar to its own being used by the defendant to promote the defendant's products. The plaintiff states that it has sent a cease and desist letter to the defendant asking it to rebrand or close its business, but it did not respond.
The plaintiff requests a trial by jury and seeks injunctive relief against the defendant, for the defendant to deliver for destruction all infringing products that bears plaintiff's mark, all legal fees and any other relief as the court deems just. It is represented by Jeannette Witten and Andrea Upton of Hudson Martin Ferrant Street Witten & Demaria PC in Monterey.
U.S. District Court for the Northern District of California, San Jose Division Case number 4:16-cv-02684-KAW