SACRAMENTO – A pharmaceutical company alleges that four California individuals have been selling counterfeit versions of a drug used to treat erectile dysfunction.
Eli Lilly and Co. filed a complaint on Feb. 8 in the U.S. District Court for the Eastern District of California against John Derek Gitmed, Holly Gitmed, Felicia Gitmed, Anthony Pollino Jr. and Does 1-50 alleging trademark counterfeiting, trademark infringement and other counts.
According to the complaint, the plaintiff alleges that it sustained damages to its business as a result of counterfeit versions of its product Cialis being sold by the defendants. The plaintiff holds John Derek Gitmed, Holly Gitmed, Anthony Pollino Jr., and Does 1-50 responsible because the defendants allegedly advertised and sold counterfeit versions of plaintiff's product, which could cause confusion to plaintiff's customers.
The plaintiff requests a trial by jury and seeks all damages, all profits derived from selling counterfeit products, statutory damages not less than $1,000 or more than $2,000,000 per counterfeit good, injunctive relief and restitution, an order for the defendants to discard and destroy all infringing products, all legal fees, interest, and any other relief as this court deems just. It is represented by William R. Overend and Katrina M. Kershner of Reed Smith LLP in San Francisco.
U.S. District Court for the Eastern District of California Case number 1:16-cv-00178-DAD-SAB