LOS ANGELES – A Pennsylvania manufacturer alleges an Encino company is selling counterfeit dental products.
Dentsply Sirona Inc. filed a complaint on Oct. 27 in the U.S. District Court for the Central District of California against BiteDownDeals LLC alleging trademark infringement and unfair competition.
According to the complaint, the plaintiff alleges that it produces, markets and sells a successful line of dental products under the Dentsply mark, which was registered as a trademark with the U.S. Patent and Trademark Office since 1981. It alleges that the defendant sells and distributes so-called "gray market" dental products bearing the same name but are materially different from plaintiff's authorized goods.
The plaintiff holds BiteDownDeals LLC responsible because the defendant allegedly caused confusion, deception and potential public health risk by introducing counterfeit products into the stream of commerce and diminished plaintiff's reputation by mistakenly attributing the defective counterfeit products as plaintiff's own.
The plaintiff requests a trial by jury and seeks judgment against defendant, recall counterfeit products, cancel advertising and promotional materials, pay three times the profits from infringement, damages, interest, costs of action, attorneys' fees and expenses and further relief as the court may deem just. It is represented by Phillip C. Samouris and Justine K. Wong of Higgs Fletcher & Mack LLP in San Diego.
U.S. District Court for the Central District of California Case number 16-cv-08024