Good Times infringed on Pink Berry cigars copyright, suit says

By Jon Campisi | Aug 5, 2011

A Bristol, Pa. company is suing a Florida-based limited liability corporation in federal court in Philadelphia, alleging the defendant fraudulently used a trademarked name that belonged to the plaintiff.

Philadelphia attorneys Stanley H. Cohen, James Kozuch and Salvatore Guerriero, of the firm Caesar, Rivise, Bernstein, Cohen & Pokotilow, filed the complaint Aug. 3 at the U.S. District Court for the Eastern District of Pennsylvania on behalf of NHA, Inc.

The defendant named in the lawsuit is Good Times USA, LLC.

According to the complaint, which involves claims of trademark infringement, unfair competition and false designation of origin, NHA commenced the use of the trademark “Pink Berry” for cigars back in January 2008.

The cigars subsequently were introduced into the stream of commerce nationwide, hence the federal filing.

In 2010, the lawsuit states, the defendant began selling cigars under the same name.

“In designing its packaging for the Pink Berry cigars, Good Times copied the highly distinctive logotype used for NHA’s house mark Bluntville, for the Good Times house mark Cigarville,” the complaint states.

After being threatened with a trademark infringement lawsuit, attorneys for Good Times stated the company would no longer be using the name Pink Berry cigars for its product, the suit states, instead using the designation “Berry.”

A year later, however, Good Times ceased using that designation, and instead began promoting their cigars under the trademark “Pink BR,” the lawsuit states.

“Good Times adopted, promoted and sold cigars under the trademark Pink BR in an effort to trade on the goodwill that had been established for NHA’s trademark Pink Berry,” the lawsuit says.

The lawsuit contains counts of common law trademark infringement, statutory trademark infringement, unfair competition and false designation of origin.

Through the lawsuit, the plaintiff seeks to prevent Good Times from using the trademark “Pink Berry,” “Pink BR,” or any other trademark that is likely to be confused with the plaintiff’s product.

NHA also seeks compensatory damages in an amount to be determined at trial, all profits realized by Good Times as a result of its use of the infringing trademarks, and costs related to this court action.

A jury trial has been demanded.

The federal case number is 2:11-cv-04991-GP.

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