Carol Ostrow May 25, 2015, 2:23pm


A Pennsylvania corporation sued a California-based rival firm alleging violation of intellectual property.

Thongbra, Inc. of Lindell, Pennsylvania, sued Brian K. Sparkes, d/b/a TheSurgicalBra.com, of Alta Loma, California in the U.S. District Court Eastern District of Pennsylvania on May 20 alleging copyright infringement dating back to June 2014.

The plaintiff’s principal invented a post-surgical chest garment for which she obtained a patent on Nov. 4, 2008.

According to the complaint, the plaintiff published its website to sell the device in or around April 2007. The company continues to own the website, the exclusive rights to its content and the product patent. Thongbra alleges that since Feb. 25, 2011, TheSurgicalBra.com has sold a similar product, and that its website content is identical or substantially similar to its own.

Thongbra states that it gave the defendant written notice that its product and website constitute infringement of intellectual property on June 30 and Aug. 29, 2014.

Citing patent infringement with irreparable harm to its business and reputation, Thongbra seeks injunctive action, an accounting for damages, compensatory relief, attorneys’ fees and court costs. 

The plaintiff is represented by Frank Mazzeo of Ryder, Lu, Mazzeo & Konieczny in Colmar, Pennsylvania.

U.S. District Court Eastern District of Pennsylvania Case 2:15-cv-02833-WB

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