PHILADELPHIA — A Pennsylvania corporation is suing Battuta Inc. and Studio500 Inc., New Jersey corporations, alleging unfair competition.
MCS Industries Inc. filed a complaint on Jan. 25 in the U.S. District Court for the Eastern District of Pennsylvania against the defendants, alleging that they sell picture frames under the mark FORMAT FRAME.
According to the complaint, the plaintiff alleges that MCS Industries Inc. sustained damages to its reputation due to having its trademark used on different products. The plaintiff holds Battuta Inc. and Studio500 Inc. responsible because the defendants allegedly used the mark FORMAT FRAMES to deceive consumers into believing that their products are manufactured by the plaintiff.
The plaintiff requests a trial by jury and seeks an injunction against the defendant from using the mark, an order to send all infringing materials that bear the FORMAT mark to the plaintiff, payment of any and all profits to the plaintiff, damages, interest, punitive damages, court costs and any further relief this court grants. They are represented by Zachary C. Glaser of Kleinbard, LLC in Philadelphia.
U.S. District Court for the Eastern District of Pennsylvania Case number 5:17-cv-00351-EGS