LOS ANGELES – An Arizona company alleges that a Torrance competitor markets a nutritional supplement with the exact name as the plaintiff's product
Research Sports Nutrition LLC filed a complaint on Oct. 24 in the U.S. District Court for the Central District of California against Fitness Labs Nutrition Corp. and Does 1-10, alleging trademark infringement and other counts.
According to the complaint, the plaintiff sells a nutritional supplement known German Creatine and has suffered damages to its business, including loss of profits. The plaintiff holds Fitness Labs Nutrition Corp. and Does 1-10 responsible because the defendants allegedly advertised for sale a similarly named product as plaintiff on the same online marketing channels, which it alleges is likely to cause confusion among consumers.
The plaintiff requests a trial by jury and seeks enjoin the defendant from further infringing plaintiff's trademark, injunction against the defendant, order the defendant to destroy all infringing products and materials and provide proof of their destruction, award the plaintiff all profits derived from the infringing act, monetary remedies sufficient to compensate the plaintiff, treble damages, enhanced monetary damages, all legal fees and any other relief as the court deems just. It is represented by Robert Tauler of Tauler Smith LLP in Los Angeles.
U.S. District Court for the Central District of California Case number 2:16-cv-07915-RSWL-MRW