SAN FRANCISCO — An Australian company is suing GDM Enterprises LLC d/b/a The Lano Company and DOES 1-10, online retailers, citing alleged trademark infringement and breach of contract.
Lanolips PTY LTD filed a complaint on Oct. 18, in the U.S. District Court for the Northern District of California against the defendants alleging that they breached their duties of good faith and fair dealing.
According to the complaint, the plaintiff alleges that, on June 30, Lanolips PTY LTD acquired from defendant GDM all rights and title in the mark "Lano Lip" pursuant to an Assignment and Settlement Agreement, under which defendant agreed to permanently refrain from using the trademarks. However, despite the provisions in the agreement, GDM recently breached the agreement by using the mark “Lano Lip” including within “Pure Lano Lip Balm,” “Pure Lano Lip Treatment,” and “Pure Lano Lip & Cuticle Treatment,” thereby causing plaintiff to suffer irreparable harm and damage to its business, reputation and goodwill.
The plaintiff holds GDM Enterprises LLC d/b/a The Lano Company and DOES 1-10 responsible because the defendants allegedly caused confusion with its consumers as to its true origin and affiliation to plaintiff, and intentionally breached an agreement by using trademarks that belongs to plaintiff.
The plaintiff requests a trial by jury and seeks judgment against defendants, enjoinder from further violations, declaratory relief, correction of erroneous impressions, damages, profits derived, restitution and/or disgorgement, attorneys’ fees, costs, interest and further relief as the court deems just. They are represented by Eugene M. Pak, Joshua D. Cohen and Jennifer P. Tang of Wendel, Rosen, Black & Dean LLP in Oakland.
U.S. District Court for the Northern District of California Case number 3:16-cv-06021