SAN DIEGO – A San Diego company alleges an Illinois corporation breached a settlement agreement by prohibiting sales of its products.
Bullets2Bandanges LLC filed a complaint on April 3 in the U.S. District Court for the Southern District of California against Caliber Corp. alleging breach of contract, interference with existing contractual relations and other counts.
According to the complaint, in June 2014, the parties signed a settlement agreement in a trademark suit in which the defendant granted the plaintiff a worldwide, nonexclusive license to the Caliber mark and bullet trade dress.
The suit states that it lawfully sells products to 2Monkey Trading LLC, which it then in turn sells online on Amazon and Etsy. The suit states after a complaint, Amazon and Esty removed 2Monkey's listings and the sales of the plaintiff's products. It alleges the defendant was the source of the complaint.
The plaintiff holds Caliber Corp. responsible because the defendant allegedly "intentionally interfered with the contract between B2B and 2Monkey by wrongfully complaining to Amazon and Etsy that 2Monkey’s sales are unauthorized, and by refusing to withdraw those complaints despite being specifically informed by B2B of the agreement between B2B and 2Monkey that authorizes 2Monkey’s sales," the suit states.
The plaintiff requests a trial by jury and seeks judgment for general, punitive or exemplary damages; award of disgorgement; attorneys' fees; prejudgment interest; costs of suit, and for such other and further relief as the court may deem proper. It is represented by Andrew D. Skale and Heather J. Silver of Mintz Levin Cohn Ferris Glovsky and Popeo PC in San Diego.
U.S. District Court for the Southern District of California case number 3:18-cv-00669-GPC-KSC