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ML Products Sues V4INK Inc., Relly Trading Inc.,
and Garmy Trading Inc for Unfair Competition and Counterfeiting Toner.
ML Products Inc., a company that sells printer cartridges and toners online, has filed a lawsuit against three other online sellers, namely V4INK Inc., Relly Trading Inc., and Garmy Trading Inc., for engaging in unfair and deceptive practices that harm ML Products’ reputation and sales. The lawsuit, which was filed in the U.S. District Court for the Central District of California in 2023, alleges that these sellers have violated several federal and state laws, such as the Lanham Act, the California Unfair Competition Law, and the California False Advertising Law.
According to the complaint, these sellers have used various tactics to boost their sales and harm ML Products’ reputation, such as: Posting fake reviews on ML Products’ products, either negative ones to discourage potential customers, or positive ones to mislead customers into buying their products instead of ML Products’. Hijacking ML Products’ listings on online platforms such as Amazon and eBay, by using ML Products’ trademarks, product images, and descriptions, and offering their products as ML Products’ products, or as compatible with ML Products’ products. Selling counterfeit products that infringe ML Products’ patents and trademarks, and that are of inferior quality and performance, and that may damage.
the customers’ printers or cause other problems.
The complaint claims that these practices have caused ML Products to lose sales, customers, and goodwill, and have damaged its reputation and brand image. The complaint also claims that these practices have deceived and confused the customers, and have exposed them to potential harm and liability.
The Relief Sought.
ML Products is seeking various forms of relief from these sellers, such as: Damages, including actual, statutory, treble, and punitive damages, to compensate for the losses and injuries that ML Products has suffered, and to deter these sellers from engaging in similar conduct in the future. Injunctive relief, including a permanent injunction, to prevent these sellers from continuing or repeating their unlawful acts, and to require them to cease and desist from using ML Products’ trademarks, patents, and other intellectual property rights, and to remove all infringing and deceptive products, listings, and reviews from the online platforms. Attorneys’ fees and costs, to reimburse ML Products for the expenses incurred in pursuing this action.
The Status of the Case.
The case is currently in the default judgment stage, as these sellers have failed to respond to the complaint or appear in court, despite being properly served and notified. ML Products has asked the court to enter these sellers in default, which means that ML Products will win the case by default, and the court will decide the number of damages and relief that ML Products is entitled to, based on the evidence and arguments presented by ML Products.
The court has not yet ruled on ML Products’ request, and it is unclear when it will do so. If the court grants ML Products’ request, it will likely schedule a hearing to determine the appropriate damages and relief. Alternatively, the court may deny ML Products’ request, or require ML Products to provide more proof or information before entering these sellers in default.
The Lawyers Involved.
The lawyer for ML Products Inc. is Richard D. McCune from McCune Law Group Apc. He is assisted by other lawyers from the same firm, such as Derek Y. Brandt, Christopher M. Sloot, Connor P. Lemire, Leigh M. Perica, and Dana R. Vogel. The lawyers for V4INK Inc., Relly Trading Inc., and Garmy Trading Inc. are unknown, as they have not responded to the complaint or appeared in court.
AuthorFebruary 2, 2024 at 4:42 PM
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