RIVERSIDE – A San Bernardino business alleges a Wisconsin company's Mighty Beef Jerky product copies several design elements of the package design as its products.
S&E Gourmet Cuts Inc., doing business as Country Archer, filed a complaint on Dec. 27 in the U.S. District Court for the Central District of California, Eastern Division against OMC LLC alleging copyright infringement and unfair competition.
According to the complaint, the plaintiff alleges that it suffered damages to its business as the result of the claimed infringement. The plaintiff holds OMC LLC responsible because the defendant allegedly created an imitation of plaintiff's beef jerky packaging and used it on its products.
The plaintiff requests a trial by jury and seeks enjoin the defendant from further infringing plaintiff's copyrights, profits and damages, punitive damages, interest, all legal fees and any other relief as the court deems just. It is represented by Thomas J. Speiss III of Stradling Yocca Carlson & Rauth PC in Santa Monica and Steven M. Hanle and Jared A. Veliz of Stradling Yocca Carlson & Rauth PC in Newport Beach.
U.S. District Court for the Central District of California, Eastern Division Case number 5:16-cv-02639-ODW-DTB