LOS ANGELES – An Arizona beverage company alleges a former chairman is unlawfully holding credentials for an online account.
Gizmo Beverages Inc. filed a complaint on June 14 in the U.S. District Court for the Central District of California against Don L. Park, Daniel Park and Ramblewood Holdings LTD alleging trademark infringement, cyberpiracy and conversion.
According to the complaint, Don Park is Gizmo's former chairman and Daniel Park is his cousin. The plaintiff alleges that in January 2016, under the master license agreement between plaintiff and the defendants, plaintiff claims Ramblewood was approximately $400,000 behind in paying what it owed under the agreement and the plaintiff terminated the master license. Plaintiff alleges the defendants refuse to turn over log-in for Gizmo's GoDaddy.com account and offered to sell the plaintiff's patent rights for pharmaceuticals despite having no longer rights to any of them.
The plaintiff holds the defendants responsible because of allege intention to interfere with plaintiff's property rights by preventing them for having full access to its property, adopted and continue to use the domain name in bad faith and continue to use the domain name that are identical or confusingly similar to plaintiff's distinctive trademarks.
The plaintiff requests a trial by jury and seeks to award compensatory damages, prejudgment interest, costs, legal fees, and any other relief that may be justified based upon the facts and the law. It is represented by Brett M. Weaver of Johnson & Weaver LLP in San Diego.
U.S. District Court for the Central District of California case number 8:17-cv-01037-DOC-JDE