Counterfeit Pipe Did Not Confuse Customers, Judge Finds
A trademark infringement suit over water pipes fizzled when the pipe maker proved only one sale to its own investigator.
July 22, 2019 at 10:27 AM
1 minute read
TRADEMARK INFRINGEMENT
US DISTRICT COURT, WEST PALM BEACH
A judge ruled in favor of a small West Palm Beach retail store being sued by an international company for trademark counterfeiting.
The lawsuit was brought by RooR International BV, a foreign company known for high-end water pipes, and Sream Inc., its U.S. distributor. The plaintiffs originally asked for $2 million in damages, but at trial they asked for $45,000 for three incidents of alleged trademark infringement.
The store's defense noted no one purchased a counterfeit RooR pipe except for the private investigator hired by the plaintiffs. The judge ruled the plaintiffs failed to establish a likelihood of consumer confusion.
Case: Sream v. Smokers Edge
Case No.: 9:18-cv-80545-DMM
Plaintiffs attorney: Chezare Palacios, The Ticktin Law Group, Deerfield Beach
Defense attorney: Wayne H. Schwartz, Lee & Amtzis, Boca Raton
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