SAN FRANCISCO – A manufacturer of educational children's products alleges another company is selling similar products under a similar name.
LeapFrog Enterprises Inc. filed a complaint on July 28 in the U.S. District Court for the Northern District of California against Epik Learning LLC alleging false designation of origin, common law trademark infringement and unfair competition.
According to the complaint, the plaintiff alleges that it suffered damages as the result of the defendant using a similar name of its Epic tablet trademark, which it alleges is likely to cause confusion among consumers. The plaintiff holds Epik Learning LLC responsible because the defendant allegedly distributes educational tablets for children using the confusing similar mark.
The plaintiff requests a trial by jury and seeks to permanently enjoin the defendant from further infringing plaintiff's trademark, award actual damages and defendant's profits to plaintiff, enhanced damages, interest, punitive damages, all legal fees and any other relief as the court deems just. It is represented by Robert N. Phillips and Seth B. Herring of Reed Smith LLP in San Francisco.
U.S. District Court for the Northern District of California Case number 3:16-cv-04269-EDL