SACRAMENTO – A Florida company is seeking declaration from the court in regards to a Riverside company's claim that it is infringing its marks.
Nitro NRG Corp. filed a complaint on Nov. 7 in the U.S. District Court for the Central District of California, Eastern Division against Liquid Nitro Beverages Inc. seeking declaratory judgment of noninfringement of trademark and trade dress.
According to the complaint, the plaintiff manufactures energy drinks and beverages. The defendant manufactures Liquid Herbal Nitro, the suit states, and the plaintiff alleges the defendant has accused it of trade dress and trademark infringement.
The plaintiff requests a trial by jury and seeks declaration that the plaintiff does not infringe the defendant's trade dress, award monetary damages to the plaintiff in the amount of at least $400,000 plus interest, punitive damages, all legal fees, enjoin the defendant, and any other relief as the court deems just. It is represented by Joshua Heinlein and Kelly K. McLaughlin of Dinsmore & Shohl LLP in San Diego.
U.S. District Court for the Central District of California, Eastern Division Case number 5:16-cv-02315-JGB-DTB