LOS ANGELES – A Beverly Hills corporation alleges two competing Costa Mesa businesses have tried to sell its products as their own.
TOMI Environmental Solutions Inc. filed a complaint on Aug. 8 in the U.S. District Court for the Central District of California against
SixLog Corp. and Astro Pak Corp.
alleging patent infringement, false designation of origin, unfair competition and other counts.
According to the complaint, the plaintiff is a global bacteria and infectious disease control company that manufactures a patented fluid cleaning mist called SteraMist. The suit states that the plaintiff sold its products for use to the defendants. The plaintiff holds SixLog Corp. and Astro Pak Corp. responsible because the defendants allegedly removed stickers with the plaintiff's mark from its products and replaced them with the SixLog logo. The suit also states the defendants tried to register its iHP system with the U.S. Patent and Trademark office and the plaintiff claims that this system is a copy of its own system.
The plaintiff requests a trial by jury and seeks to enjoin the defendants from further infringing plaintiff's patents; order the defendants to recall all equipment distributed to third parties and similar infringing equipment; destroy all infringing materials, cancellation of the U.S. Trademark Reg. No. 3,917,962 for the iHP designation; restitution; unjust enrichment; actual damages; statutory damages; compensatory damages; interest; award plaintiff compensation for its own corrective advertising; all legal fees and any other relief as the court deems just. It is represented by J. Kevin Fee and Jordana S. Rubel of Morgan, Lewis & Bockius LLP in Washington, D.C.
U.S. District Court for the Central District of California Case number 2:16-cv-05916