SAN DIEGO — A supplement manufacturer has filed a claim against Muscle Sports Products LLC, a distributor, alleging that its competitor has copied its trademark for a specific product known worldwide.
Natural Alternatives International Inc. filed a complaint on Aug. 2 in the U.S. District Court for the Southern District of California against Muscle Sports Products LLC, alleging trademark infringement.
According to the complaint, the plaintiff alleges that it has invested and continues to build, expand and promote sales of its product, CarnoSyn beta-alanine, and pursues legal avenues to protect its brand. The plaintiff claims that the defendant is using its trademark in conjunction with a label claim called CarnoSyn Beta-Alanine Revolution. In doing so, the plaintiff alleges it has suffered damages to its business, reputation and good will, and has lost sales and profits that it would have earned if not for the alleged copyright infringement.
The plaintiff holds Muscle Sports Products LLC responsible because the defendant allegedly copied the registered trademark without the plaintiff's consent and misrepresented to consumers the nature and source of the product in a way that caused consumer confusion.
The plaintiff requests a trial by jury and seeks judgment in its favor, a permanent injunction, punitive damage, attorneys' fees, costs and such other relief as the court deems just. It is represented by Frederick W. Kosmo Jr. and Hubert Kim of Wilson Turner Kosmo LLP in San Diego.
U.S. District Court for the Southern District of California case number 3:16-cv-01954