Ayala Law has filed a trademark infringement lawsuit in the United States District Court for the Central District of California on behalf of its client. The case involves allegations of unauthorized use of a federally registered trademark in the medical services industry, raising key issues under federal and state law.
The lawsuit asserts claims under Section 32(1) of the Lanham Act (15 U.S.C. § 1114(1)) for trademark infringement and Section 43(a) of the Lanham Act (15 U.S.C. § 1125(a)) for unfair competition, along with related claims under California law.
The Core of the Dispute: Trademark Infringement and Consumer Confusion
The plaintiff has used the disputed trademark in commerce for nearly a decade and holds federal trademark registrations, including incontestable status under the Lanham Act. According to the complaint, the defendant has been using a nearly identical mark in marketing and providing similar services—leading to consumer confusion and unfair competition.
Key Allegations in the Lawsuit
The complaint details how the defendant:
- Continued using the infringing mark despite receiving notice of the trademark owner's priority rights.
- Refused to comply with a cease-and-desist request, even after being formally notified of the infringement.
- Engaged in unfair competition, gaining an improper advantage by leveraging a name closely resembling the registered trademark.
Legal Remedies Sought
Ayala Law is pursuing:
- An injunction to prevent further use of the disputed mark.
- Monetary damages, including profits gained from the unauthorized use.
- Attorney's fees and litigation costs, as permitted under federal trademark
Why Trademark Protection Matters
This case underscores the importance of defending intellectual property rights. Trademark infringement can lead to consumer confusion, reputational damage, and financial harm for businesses that have worked to establish their brand identity. At Ayala Law, we're committed to ensuring that companies can operate without the threat of unfair competition or brand dilution.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
