PHILADELPHIA — An Australian company is suing a U.S. manufacturing company, citing alleged false advertising and unfair competition.
Painaway Australia PTY Limited ACN 151 146 977 filed a complaint on Sept. 7, in the U.S. District Court for the Eastern District of Pennsylvania, against Maxrelief USA Inc. for alleged violation of the Lanham Act.
Between 2012 and 2013, defendant began advertising a pain relief spray called MaxRelief that was advertised as "Australia's #1 Pain Relief Spray, now available in the USA."
However, plaintiff claims MaxRelief's pain relief products are not sold in Australia, causing confusion to consumers over its products known as the market leader in Australia.
As a result, Painaway Australia claims MaxRelief continues to cause great, immediate and irreparable harm to its business reputation, injury to its goodwill and loss of competitive advantage.
The plaintiff holds Maxrelief USA Inc. responsible, because the defendant allegedly made false advertising claims and misleading description of fact in interstate commercial advertising and promotions, which materially misrepresent its product.
The plaintiff requests a trial by jury and seeks judgment for preliminary and permanent injunction, award of financial compensation, together with attorneys' fees, costs of suit, and such other and further relief as the Court may deem just.
They are represented by Mathieu J. Shapiro and Rigel C. Farr of Obermayer Rebmann Maxwell & Hippel LLP in Philadelphia.
U.S. District Court for the Eastern District of Pennsylvania Case number 2:18-cv-03854-PBT