SAN FRANCISCO – A San Francisco skin care company alleges an individual is selling an acne treatment online that infringes its intellectual property.
Mysfyt Inc. filed a complaint on July 7 in the U.S. District Court for the Northern District of California against James Lum and Does 1-20 alleging trade dress infringement, false designation of origin and unfair competition.
According to the complaint, the plaintiff alleges that it suffered damages to its business as the result of the defendant, doing business as Claror Skin Care, selling an acne product similar to its own. The plaintiff holds Lum and Does 1-20 responsible because the defendants' products are labeled confusingly similar to plaintiff's with the goal of misleading consumers that they are associated with the plaintiff.
The plaintiff requests a trial by jury and seeks injunction against the defendant from further infringing plaintiff's trade dress, pay plaintiff all damages, gains and profits, order for the defendant to destroy all remaining infringing products, all legal fees and any other relief as the court deems just. It is represented by Dominic V. Signorotti of Buchman Provine Bros. Smith LLP in Walnut Creek.
U.S. District Court for the Northern District of California Case number 3:16-cv-03813-KAW