SAN FRANCISCO – A Woodland Hills company alleges a Denmark company manufactures a similar product with a similar name.
Fountain Inc. filed a complaint on Aug. 9 in the U.S. District Court for the Northern District of California against Octospot ApS alleging unfair competition, false designation of origin, trademark infringement and other counts.
According to the complaint, the plaintiff is the owner of the Octomask mark for scuba diving masks. It alleges that in July it sustained damages to its business as the result of its trademark being used without its consent by the defendant. The plaintiff holds Octospot ApS responsible because the defendant allegedly sells and promotes its products bearing the Octospot mark, which the plaintiff alleges is confusingly similar to its mark.
The plaintiff seeks permanent injunction against the defendant from further infringing plaintiff's trademark, order the defendant to deliver up for destruction all infringing materials, award actual damages and profits to plaintiff, award damages to plaintiff sufficient to compensate them for the damages caused, all legal fees and interest, and any other relief as the court deems just. It is represented by Michael J. Sullivan of Law Office of Michael J. Sullivan in San Jose.
U.S. District Court for the Northern District of California Case number 4:16-cv-04473-KAW