SACRAMENTO – A Sacramento resident alleges a Pennsylvania corporation is unlawfully using its OMG I So Need a Glass of Wine or I'm Gonna Sell My Kids trademark.
Christine N. Trice filed a complaint on March 17 in the U.S. District Court for the Eastern District of California against Primitives by Kathy Inc. and Does 1 to 10 alleging trademark infringement, unfair competition and other counts.
According to the complaint, the plaintiff alleges that she has been using the OMG mark since 2008 and has used it for drinking glasses and social event services. The plaintiff holds Primitives by Kathy Inc. and Does 1 to 10 responsible because the defendants allegedly used plaintiff's OMG mark on box signs and has caused confusion among costumers.
The plaintiff requests a trial by jury and seeks enjoin the defendant from further infringing plaintiff's mark, deliver up for destruction all infringing materials, order the defendant to recall all products bearing plaintiff's OMG mark, pay monetary damages to the plaintiff, profits, treble damages, punitive damages, all legal fees and any other relief as this court deems just. She is represented by Christopher J. Passarelli of Fickenson, Peatman & Fogarty in Napa.
U.S. District Court for the Eastern District of California Case number 2:17-cv-00586-TLN-CKD