LOS ANGELES – A Pennsylvania business alleges companies located in Beverly Hills and Sherman Oaks are using its mark to sell protein shakes.
Holistic Fitness New Era LLC filed a complaint on Nov. 7 in the U.S. District Court for the Central District of California against Greenleaf Gourmet Chopshop LLC and Barry's Bootcamp LLC alleging trademark infringement, unfair competition and other counts.
According to the complaint, the plaintiff alleges that it sells a line of nutritional supplements with its Fat Burning Lemonade mark. The plaintiff holds Greenleaf Gourmet Chopshop LLC and Barry's Bootcamp LLC responsible because the defendants allegedly advertise their protein shake products using the Fat Burning Lemonade mark.
The plaintiff requests a trial by jury and seeks enjoin the defendant from further infringing plaintiff's trademark, pay the plaintiff all profits and gains derived from the infringing act, actual damages, punitive and exemplary damages, all legal fees and interest plus any other relief as the court deems just. It is represented by Carlo F. Van Den Bosch and Gazal Pour-Moezzi of Sheppard, Mullin, Richter & Hampton LLP in Costa Mesa.
U.S. District Court for the Central District of California Case number 2:16-cv-08290-BRO-AGR