SANTA ANA – A Costa Mesa corporation is accused of using infringing skull-shaped bottles for cocktail mixes.
Globefill Inc. filed a complaint on March 13 in the U.S. District Court for the Central District of California, Southern Division against Coastal Cocktails Inc., doing business as Modern Gourmet Foods, and Mark Greenhall alleging unfair competition, copyright infringement, design patent infringement and other counts.
According to the complaint, the plaintiff alleges that it suffered damages to its business from having its patented skull bottle copied that it uses to bottle vodka. The plaintiff holds Coastal Cocktails Inc., doing business as Modern Gourmet Foods, and Greenhall responsible because the defendants allegedly sold cocktail mixes in an infringing skull-shaped bottle and continued to do so after the parties entered into a written settlement agreement.
The plaintiff requests a trial by jury and seeks enjoin the defendants, order the defendant to deliver up for destruction all infringing materials, disgorgement, profits, treble damages, all legal fees and any other relief as the court deems just. It is represented by C. Dennis Loomis of Baker & Hostetler LLP in Los Angeles.
U.S. District Court for the Central District of California, Southern Division Case number 8:17-cv-00438-AG-JCG