SAN FRANCISCO — A New Hampshire corporation is suing Green Mountain Imports LLC, d/b/a Evelots, Shido LLC d/b/a Planted Perfect and Does 1-20, common enterprises, citing alleged trademark infringement, trade dress infringement, false origin, unfair competition and interference with business relations.
Plant Nanny Co. Inc. filed a complaint on Nov. 30, in the U.S. District Court for the Northern District of California against the defendants alleging that they adopted marks in bad faith and with the intent to cause confusion and dilution.
According to the complaint, the plaintiff alleges that, on Feb. 24, 2009, Plant Nanny Company Inc. was awarded with trademark registration for its "Plant Nanny" mark for its invention of a water delivery system that enables its customers to water plants directly to the roots with minimum effort. Nevertheless, starting in February, defendants has copied the distinctive features of plaintiff's product, has advertised for sale online using the protected mark, used the same internal packaging on its infringing product and has used a photograph of plaintiff's product in its advertising materials, without the permission of plaintiff, which caused them to suffer injuries to its reputation and goodwill. The plaintiff holds Green Mountain Imports LLC, d/b/a Evelots, Shido LLC d/b/a Planted Perfect and Does 1-20 responsible because the defendants allegedly caused confusion among consumers by offering similar services and using the same marks as plaintiff's distinctive marks, to capitalize and receive the benefit of plaintiff's reputation and goodwill.
The plaintiff requests a trial by jury and seeks to permanently enjoin defendants from using its trademark, reimburse plaintiff for all profits from infringement, damages, restitution, destroy all marketing, punitive damages, attorneys' fees, costs of litigation, interest and all other relief as justice may require. They are represented by David Lavine of LegalForce RAPC Worldwide in Mountain View.
U.S. District Court for the Northern District of California Case number 16-cv-06887