ERIE – A Turtle Creek maker of infant movement and breathing monitors alleges a Boston company is using a similar trademark for similar devices.

Circadiance LLC filed a complaint on Oct. 10 in the U.S. District Court for the Western District of Pennsylvania against Rest Devices Inc., doing business as MIMO, alleging trademark infringement.

According to the complaint, the plaintiff alleges that it suffered damages to its business from having its Smart Monitor trademark used by the defendant. The plaintiff holds Rest Devices Inc. responsible because the defendant allegedly continued to use plaintiff's trademark despite plaintiff's notice to cease using its mark.

The plaintiff requests a trial by jury and seeks permanent injunction against the defendant, award plaintiff of all damages and court costs, and any further relief the court grants. It is represented by Carl A. Ronald and Samuel I. Yamron of Ronald Law Group LLC in Pittsburgh.

U.S. District Court for the Western District of Pennsylvania Case number 2:16-cv-01552-CRE

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U.S. District Court for the Western District of Pennsylvania
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Erie, PA 16501

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