LOS ANGELES – A Culver City company who manufactures earplugs alleges a Michigan corporation convinced another company to manufacture earplugs and breach an agreement.
Moldex-Metric Inc. filed a complaint on Aug. 14 in the U.S. District Court for the Central District of California against McKeon Products Inc. alleging intentional interference with contract.
According to the complaint, one of plaintiff's signature trademarks is bright green earplugs. On Oct. 19, 2011, the suit states it entered into an agreement with SwedSafe in which SwedSafe agreed to stop making and selling earplugs with the plaintiff's bright green color trademark in the U.S.
The plaintiff alleges the defendant interfered with this agreement by inducing SwedSafe to manufacture and export bright green earplugs.
The plaintiff holds McKeon Products Inc. responsible because the defendant allegedly misrepresented to SwedSafe that Moldex's trademark was invalid and that the agreement between Moldex and SwedSafe was unenforceable.
The plaintiff requests a trial by jury and seeks compensatory and punitive damages, costs and attorneys’ fees, pre- and post-judgment interest and all other appropriate relief. It is represented by Joseph M. Paunovich and Ali Moghaddas of Quinn Emanuel Urquhart & Sullivan LLP in Los Angeles.
U.S. District Court for the Central District of California case number 2:18-cv-06953-DSF-GJS