SAN FRANCISCO – An Ohio business is alleged to sell a similar skin treatment product as a San Francisco company, which has filed a lawsuit in response.
Mysfyt Inc. filed a complaint on July 7 in the U.S. District Court for the Northern District of California against Secret by Nature LLC, Austin Song and Does 1-20 alleging trade dress infringement.
According to the complaint, the plaintiff alleges that it suffered damages to its business as the result of the defendants selling an acne care product that is similar to the plaintiff's product. The plaintiff holds Secret by Nature LLC, Song and Does 1-20 responsible because the defendants allegedly misled consumers into believing they are associated with the plaintiff by using similar labels on their products.
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 defendants to destroy all remaining infringing products; compensatory damages; all legal fees and any other relief as the court deems just. It is represented by Dominic V. Signorotti of Buchman Provine Brothers Smith LLP in Walnut Creek.
U.S. District Court for the Northern District of California Case number 3:16-cv-03806-HRL