On Friday, OCM Globe Inc. filed a complaint in the Central District of California against Apollo Food International, Inc and A&C Best Food Trading, Inc. alleging trademark infringement and unfair competition.
According to the complaint, OCM is a California corporation in the business of merchandising grocery products in which it purchases products from suppliers and sells the goods to retailers, grocery stores or supermarkets in the United States. The complaint further states that OCM is the exclusive licensee and distributor of six brands of grocery products including Genki Forest, and other brands represented by Chinese and Japanese characters.
The complaint purports that Apollo Food and A&C are New York corporations that make, use, import and sell certain food products. OCM alleges that among the defendants’ products are products that bear marks similar to the plaintiffs’ marks that are likely to cause consumer confusion.
The complaint states that on July 9, 2021, OCM sent a cease-and-desist letter to A&C demanding that A&C immediately cease their infringing activities, and OCM subsequently sent a cease-and-desist letter to Apollo on February 2, 2021, demanding they also immediately cease their infringing activities. The complaint further alleges that as of filing the complaint neither A&C nor Apollo have responded to the cease-and-desist letters.
OCM argues that the defendants have been put on notice yet continue to blatantly and intentionally infringe on OCM’s trademarks, causing OCM to suffer harm including loss of goodwill and revenue.
In addition to OCM’s own trademark rights being infringed, the complaint also alleges that certain beverage products offered by the defendants’ do not comply with the certification requirements set by United States Department of Agriculture, particularly regarding product sourcing and ingredients. OCM argues that the defendants’ either failed to comply with the necessary certification requirements or presented false certification for certain of the beverage products.
OCM brings five causes of action including, trademark infringement under the Lanham Act, unfair competition and false designation of origin, common law trademark infringement, violation of California’s Business & Professions Code and common law unfair competition. OCM seeks damages not less than $500,000, an accounting of profits realized by defendants, injunctive relief, exemplary and punitive damages, disgorgement of all unjust enrichment, attorneys fees and costs. The plaintiff is represented by Yang Law Offices.
