PHILADELPHIA — A California business is suing The Ice Cream Lab Inc., a Pennsylvania corporation, citing alleged unfair competition and unjust enrichment.
Doc Burnstein's Ice Cream Lab Inc. filed a complaint on July 18 in the U.S. District Court for the Eastern District of Pennsylvania against The Ice Cream Lab Inc. alleging that the Pennsylvania corporation used "ICE CREAM LAB" without plaintiff's authority.
According to the complaint, the plaintiff alleges that Doc Burnstein's Ice Cream Lab Inc. suffered damages as the result of its mark being used, which causes confusion among its customers. The plaintiff holds The Ice Cream Lab Inc. responsible because the defendant allegedly continued to use the plaintiff's mark despite being sent notices of its infringement of the plaintiff's mark.
The plaintiff requests a trial by jury and asks the court to permanently enjoin the defendant from further infringing on plaintiff's mark, to order the defendant to change its company name, website, domain name and company email address and to destroy all infringing materials, to pay damages to plaintiff and all profits derived from its unlawful acts, actual damages, compensatory, incidental and consequential damages, enhanced, treble and/ or punitive damages, court costs and any further relief the court grants. The plaintiff is represented by James H. Heller of Cozen O'Connor in Philadelphia.
U.S. District Court for the Eastern District of Pennsylvania Case number 5:16-cv-03865-LS