LOS ANGELES — A California skin care manufacturer is suing a New York competitor, alleging unfair competition.
Arcona Inc. of Valencia, California, filed a complaint Sept. 25 in U.S. District Court for the Central District of California against Farmacy Beauty LLC of New York City, David C. Chung and Mark Veeder, alleging they illegally obtained profit through the use of infringing trademarks.
According to the complaint, on Aug. 4, 2016, Arcona demanded that the defendant cease and desist from its infringing conduct of using the counterfeit "Eye Dew" skin care mark. Despite being put on notice, the suit says, Farmacy Beauty continued to promote and sell eye cream products bearing the counterfeit mark, which caused the plaintiff damages to its business and profits.
The plaintiff alleges the defendants caused confusion among consumers by offering counterfeit products and using the same marks as plaintiff's distinctive marks, and capitalized and received the benefit of plaintiff's reputation and goodwill.
Arcona seeks trial by jury, damages of at least $1 million, statutory damages up to $200,000, enhanced statutory damages up to $2 million, court costs, attorney fees, investigatory fees and expenses and all other relief the court deems just. It is represented by attorney R. Joseph Trojan of Trojan Law Offices in Beverly Hills.
U.S. District Court for the Central District of California case number 17-C-7058