SAN FRANCISCO – A Pennsylvania lighter manufacturer alleges a Chinese company is selling counterfeit versions of its lighters.
Zippo Manufacturing Co. and Zippmark Inc. filed a complaint on Dec. 14 in the U.S. District Court for the Northern District of California against LightlnTheBox Holding Co. LTD alleging patent infringement and trademark infringement.
According to the complaint, the plaintiffs allege that they continue to suffer irreparable harm and monetary damage as a result of defendant's actions by adopting plaintiffs' distinctive windproof lighter design and marks. The plaintiffs hold LightlnTheBox Holding Co. LTD responsible because the defendant allegedly disregarded the rights of the trademark owners, caused confusion or mistake among both actual and potential purchasers, and deceived purchasers as to the origin, sponsorship or approval of the lighters sold by the defendant.
The plaintiffs request a trial by jury and seek judgment against defendant, enjoin defendant from further infringement, account profits and gains from infringement, damages, interest, costs, declare as exceptional case, attorneys' fees, and further relief as the court deems just. They are represented by David. S. Elkins and Joseph P. Grasser of Squire Patton Boggs LLP in Palo Alto.
U.S. District Court for the Northern District of California Case number 5:16-cv-07131