SCRANTON — A clothing company is suing Low Tide Group and James Barchiesi, citing alleged breach of contract, trademark infringement and unjust enrichment.
Sons of Arthritis LLC filed a complaint July 23 in the U.S. District Court for the Middle District of Pennsylvania, alleging that the defendants sold goods from their website that are virtually identical to the plaintiff's design with no legal right to sell them.
According to the complaint, the parties signed a license agreement on March 19, 2017 that authorized the defendants to sell goods on which Sons of Arthritis's that registered mark was affixed. However, on May 21, the plaintiff claims the agreement was terminated, but the defendants allegedly continued to sell SOA goods online.
Sons of Arthritis claims Low Tide Group and Barchiesi continues to sell infringing products on their website without consent and refused to turn over a database of email addresses belonging to the plaintiffs.
The plaintiff requests a trial by jury and seeks a permanent injunction against defendants. It is represented by Brian Pulito and Adam Ennis of Steptoe & Johnson PLLC in Meadville, Pennsylvania.
U.S. District Court for the Middle District of Pennsylvania case number 3:18-cv-01456-RDM