Indiana Intellectual Property Law News
Nutramax Laboratories, Inc. and Nutramax Laboratories Veterinary Sciences, Inc. (“Nutramax”) have recently begun legal proceedings against CNB Retailers, LLC, Brett Hart, and Christina Miller (“Defendants”) alleging unauthorized resale of Nutramax products. The suit involves allegations concerning trademark infringement, unfair competition, and interference with contractual agreements.
Nutramax Labs and Nutramax Vet, entities headquartered in South Carolina, are known for their development and distribution of health supplements tailored for companion animals. Court documents state that the trademarks associated with Nutramax, such as NUTRAMAX LABORATORIES and PROVIABLE, are widely recognized within the industry. Nutramax products are sold through authorized retailers which may have online or brick-and-mortar locations.
The crux of Nutramax’s grievance lies in Defendants’ purported unauthorized sales of Nutramax products, notably on Amazon.com, under the seller account name “UniversalExports.” In addition to the accused products bearing the NUTRAMAX LABORATORIES and PROVIABLE trademarks, Nutramax asserts that the products being distributed by Defendants differ materially from those authorized by Nutramax, thus failing to meet the requisite quality standards. These requirements include proper storage conditions to maintain product quality and providing customer support and knowledge about Nutramax products.
Nutramax alleges that the Defendants’ actions have disrupted Nutramax’s contractual agreements with its authorized resellers and distributors, resulting in damage to Nutramax’s brand reputation. The complaint expresses Nutramax’s concern that consumers who buy these unauthorized products may mistakenly believe they are authentic Nutramax products that meet the company’s high-quality standards.
Nutramax has raised legal claims under the Lanham Act, alleging trademark infringement, false designation of origin, and unfair competition. In response to these perceived violations, Nutramax seeks injunctive relief aimed at halting further unauthorized sales by Defendants. Furthermore, Nutramax is pursuing restitution for actual damages, disgorgement of profits, punitive damages, and reimbursement for legal fees.
The case has been assigned to Judge Damon R. Leichty and Magistrate Judge Michael G. Gotsch Sr., in the U.S. District Court of Northern Indiana , and assigned Case No. 3:24-cv-00129.