SAN FRANCISCO – A Pleasanton is seeking a judgment from the court declaring it is not infringing another company's trademark relating to water bottle designs.
Coheso Inc., doing business as Mira Brands, filed a complaint on June 12 in the U.S. District Court for the Northern District of California against Can't Live Without it LLC, doing business as S'Well Bottle, seeking declaratory relief.
According to the complaint, the plaintiff manufactures water bottles and has sold them since 2014. The suit states in April, the defendant contacted it with allegations that the plaintiff is infringing its trade dress and trademark and demanded the plaintiff stop selling its products.
The plaintiff alleges that the defendant has not acquired any trade dress rights because the bottle and cap configuration is functional and/or generic.
The plaintiff seeks declare that the defendant has no protectable rights, all legal fees and any other relief as this court deems just. It is represented by Jeffrey E. Faucette of Skaggs Faucette LLP in San Francisco.
U.S. District Court for the Northern District of California case number 3:17-cv-03381-LB