Law Street Media

Aroma King Sued for ‘Egregious’ TM Infringement of Dietary Supplements

Subject: Two wooden shelves holding a variety of canned vegetables and fruits, lined up in rows of glass jars. Food staples canned include jellies, sauces, or slices of carrots, green beans, tomatoes, corn, sweet potatoes, sauerkraut, roasted red peppers, dill pickles, raspberry jam, orange marmalade, grape jelly, and a tomato and corn soup.

Nature’s Answer Inc. filed a complaint against Aroma King Inc., Healthy Results Inc., and Shaya Iskowitz in New York federal court, alleging the defendants of “egregious” trademark counterfeiting, infringement, dilution, false designation and unfair competition.

A photographic comparison of the plaintiff’s and defendant’s products.

According to the complaint, the defendant’s trademark counterfeiting could not only cause consumer confusion but also damage the plaintiff’s reputation as a health supplement manufacturer.

The complaint specifies that the defendant sold $78,000 of the counterfeit goods.

The complaint provides examples of the defendant counterfeiting the plaintiff’s product UFC code, company invoices, and shipment packaging.

The plaintiff seeks the following for relief: permanent and preliminary injunctive relief, punitive, actual, and consequential damages, disgorgement of profits, and attorney’s fees and costs.

The plaintiff is represented by Rivkin Radler LLP.

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