OCM Globe Inc. has recently filed a lawsuit against grocery brands Apollo Food International, Inc and A&C Best Food Trading in the Central District of California, alleging Trademark Infringement and unfair competition.
The lawsuit filed mentions that OCM is a California-based corporation doing the business of merchandising grocery products as a part of which it purchases products from suppliers and sells them to grocery stores, supermarkets, and retailers in the United States. It further specifies that OCM is the exclusive licensee and distributor of six grocery brand products such as Genki Forest and many others represented by Japanese and Chinese characters.
The lawsuit filed by OCM claims that Apollo Food International and A&C Best Food Trading are both New York-based corporations specializing in making, using, importing, and selling specific food products. According to OCM, among the defendants’ products, some products bear marks similar to its products, which are likely to deceive or confuse the customers.
According to the lawsuit, OCM had sent a cease-and-desist letter to Apollo Food International last year on 2nd February, demanding the corporation to cease its infringing activities. Similarly, it had sent a cease-and-desist letter to A&C Best Food Trading on 9th July 2021, demanding the corporation to cease its infringing activities as well immediately. The lawsuit further alleges that neither Apollo Food International nor A&C Best Food Trading has responded to their respective cease-and-desist letters.
OCM has stated that although the defendants have been put on notice, they are continuing to infringe upon its trademarks blatantly and intentionally, thereby causing OCM to suffer major harm, including significant loss of goodwill and revenue.
Besides OCM’s Trademark Rights being infringed upon, the lawsuit also claims that some beverage products provided by the defendants don’t comply well with the United States Department of Agriculture’s certification requirements, in particular concerning the ingredients used and product sourcing. OCM strongly believes that the defendants either failed to comply well with the mandatory certification requirements or put forward fake certification for some beverage products.
OCM brings five causes of action in its lawsuit filed, including:
- Trademark Infringement Under the Lanham Act
- False Designation of Origin & Unfair Competition
- Trademark Infringement Under Common Law
- Violation of the Business & Professions Code of California
- Unfair Competition Under Common Law
The corporation is now looking forward to seeking damages, not a penny less than $500,000, injunctive relief, an accounting of profits realized by defendants in question, exemplary and punitive damages, disgorgement of all unjust enrichment, and attorneys’ costs and fees. For more visit: https://www.trademarkmaldives.com
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