SAN FRANCISCO – A Texas-based company alleges a Miami business has been using a similar mark to sell automotive electronic goods and is creating confusion in the marketplace.
Powerteq LLC filed a complaint on Oct. 1 in the U.S. District Court for the Northern District of California against Kosmas LLC alleging trademark infringement.
According to the complaint, the plaintiff alleges that since June 2003, it has used in commerce the marks Edge and Edge Products, which are register with the United States Patent and Trademark Office. The plaintiff alleges that the defendant was selling similar products with confusingly similar marks, which allegedly caused plaintiff irreparable injury to its business and goodwill.
The plaintiff holds Kosmas LLC responsible because the defendant allegedly created confusion in the market place by use of an infringing trademark and refused to cease use of plaintiff’s intellectual property, including the infringing marks without plaintiff’s permission.
The plaintiff requests a trial by jury and seeks judgment in its favor, damages, profits of defendant, attorney's fees, costs, interest, injunctive relief, judicial declaration and all further relief as the court may deem just. It is represented by Robert W. Payne of Payne IP Law in San Jose.
U.S. District Court for the Northern District of California Case number 3:16-cv-05593