LOS ANGELES – The makers of The Comfy blanket allege another company is unlawfully manufacturing a confusingly similar product.
Cozy Comfort Co. LLC filed a complaint on April 1 in the U.S. District Court for the Central District of California against Ontel Products Corp. and Does 1-100 alleging trademark infringement.
According to the complaint, the plaintiff markets and sells The Comfy blanket and has trademarked and patented The Comfy and Cozy marks. It alleges the defendants sell the Cozy Around, which is "is not only confusingly similar to The Comfy, it is essentially the exact same product as (although of a lesser quality than) The Comfy, and is made to the exact same specifications," the suit states.
The plaintiff holds Ontel Products Corp. and Does 1-100 responsible because the defendants allegedly caused the plaintiff to suffer damages, including the diminution of the value and goodwill associated with the Comfy marks.
The plaintiff requests a trial by jury and seeks judgment against defendants, injunctive relief, award damages, destruction of infringing articles, costs, attorneys’ fees and expenses, interest, for the defendants to disgorge all unlawfully obtained profits, and further relief as the court may deem just. It is represented by Christopher Frost and Michael Dailey of Eisner Jaffe APC in Beverly Hills.
U.S. District Court for the Central District of California case number 18-cv-02636