SAN DIEGO – A hypnosis center in Iowa is suing a Los Angeles company alleging that its similar name is causing confusion.
Lifestyle Improvement Center LLC, doing business as Positive Changes Hypnosis Centers, filed a complaint on Aug. 22 in the U.S. District Court for the Central District of California, Western Division against Hypnosis for Positive Changes, also known as Hypnosis Beverly Hills, and Alexander Hertzberg alleging trademark infringement.
According to the complaint, the plaintiff alleges that on Jan. 14, it first advised the defendants of their wrongful use of its service mark, Positive Changes Hypnosis. It also alleges the defendants are offering the similar services while using the similar trademark on their website. It claims the defendants' actions have caused it to suffer substantial injuries, loss and damages to its business and goodwill.
The plaintiff holds Hypnosis for Positive Changes and Hertzberg responsible because the defendants allegedly caused confusion with purchasing consumers, violated rights of the plaintiff and refused to cease their unlawful acts.
The plaintiff requests a trial by jury and seeks injunction restraining and enjoining defendants from seeking federal registration of the name Positive Changes, damages, costs of the action, attorneys’ fees, interest and further relief as the court deem just. It is represented by James E. Heffner of Hahn Loeser & Parks LLP in San Diego.
U.S. District Court for the Central District of California, Western Division Case number 16-cv-06292