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
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