LOS ANGELES – A Hercules nail care business alleges former distributors are using its name to sell nail products.
Mega Creation Inc., doing business as LeChat, filed a complaint on Nov. 21 in the U.S. District Court for the Central District of California, Western Division against Atica Nails Inc., Alexander Rivkin and Does 1-5 alleging trade dress infringement and unfair competition
According to the complaint, the plaintiff alleges that it suffered damages to its business. The plaintiff holds Atica Nails Inc., Rivkin and Does 1-5 responsible because the defendants allegedly use a confusingly similar trade dress, Artica LeChat, which it alleges causes confusion to plaintiff's customers.
The plaintiff requests a trial by jury and seeks to permanently enjoin the defendants from further infringing plaintiff's trademark, dispose of any advertisement that infringes plaintiff's trade dress, award profits and damages to the plaintiff, treble damages, all legal fees and interest plus any other relief as the court deems just. It is represented by Raffi Zerounian and Janie L. Thompson of Hanson Bridgett LLP in San Francisco.
U.S. District Court for the Central District of California, Western Division Case number 2:16-cv-08670-JFW-JEM