LOS ANGELES – A Santa Fe Springs business claims a Las Vegas company breached a settlement agreement.
Oxy-Health LLC filed a complaint on June 12 in the U.S. District Court for the Central District of California against Diane Pechenick, Healing Dives Inc. and Does 1-50 alleging trademark infringement and breach of settlement agreement.
According to the complaint, the plaintiff is a distributor and promoter of hyperbaric oxygen therapy and uses the trademarks Vitaeris 320 and Solace 210. The suit states the defendants and plaintiff previously settled a trademark infringement suit in 2010.
The plaintiff holds Pechenick, Healing Dives Inc. and Does 1-50 responsible because the defendants allegedly breached the settlement agreement by purchasing Google adwords to divert and highjack traffic to the defendants' website.
The plaintiff requests a trial by jury and seeks enjoin the defendants, order the defendants from further using the words ‘vitaeris’ and ‘solace’ in internet advertising, all profits, actual damages, punitive and exemplary damages, interest, all legal fees, and any other relief as the court deems just. It is represented by Sunil A. Brahmbhatt of Law Office of Sunil A. Brahmbhatt, PLC. in Santa Ana.
U.S. District Court for the Central District of California case number 2:17-cv-04351-RSWL-SS