Blue Mountain Holdings Ltd., et al. v. Bliss Nutraceticals LLC, et al., Civil Action No. 1:20-cv-01837-TWT (N.D. Ga. May 23, 2022)
On April 28, 2020, Plaintiffs Segment Consulting Management, Ltd. (now known as Blue Mountain Holdings Ltd.) and et al. filed suit against Defendants Bliss Nutraceticals, LLC, et al. in the Northern District of Georgia (Atlanta Division) asserting claims of (1) federal trademark infringement under 15 U.S.C. § 1114, (2) unfair competition and false designation of origin under 15 U.S.C. § 1125, (3) federal cybersquatting under 15 U.S.C. § 1125(d), and (4) common law trademark infringement and unfair competition. According to the Complaint, Plaintiffs own the VIVAZEN mark which they and their predecessors-in-interest have used and continue to use to market and sell various beverages and powders featuring kratom, including a kratom-based shot, intended to relieve minor aches and pain. The Complaint alleges that between 2012 and mid-2017, Plaintiffs and their predecessors-in-interest have sold more than 25 million bottles of kratom-based beverage shots in the United States under the VIVAZEN mark (pictured below).
In filing suit against Defendants, Plaintiffs allege that Defendants infringe the VIVAZEN mark by using the name “Vivazen Botanicals” to market and sell their own kratom-based products (pictured below). Plaintiffs further allege that Defendants have diverted over $700,000 per month in gross revenues from Plaintiffs through Defendants’ sale of their kratom-based shot.
Ex. 4. On May 19, 2022, Plaintiff Blue Mountain Holdings Ltd. (“Blue Mountain”), Plaintiff Lighthouse Enterprises Inc., Defendant Natural Vitamins Laboratory Corp. (“NVL”), Defendant Vivazen Botanicals LLC (“VZB”), and Third-Party Defendant Steven Curtis Holfeld (“Curtis”) filed a Stipulated Motion to Dismiss on Certain Terms and Conditions. In the Motion, the parties requested an order enjoining NVL, VZB, and two other NVL-associated individuals from ever again using the VIVAZEN mark. In addition, the moving parties requested an order dismissing (1) all of Plaintiffs’ claims against the NVL parties only, in each case with prejudice; (2) all of NVL’s counterclaims and third-party claims against each of the Plaintiff Blue Mountain, Plaintiff Lighthouse Enterprises Inc. and Third-Party Defendant Curtis, in each case with prejudice; and (3) the NVL parties and Curtis from the case, with the Court retaining jurisdiction over the NVL parties to enforce the injunction hereby requested. On May 23, 2022, Judge Thomas W. Thrash granted the Motion and entered an order per the parties’ stipulation.
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