This case was last updated from PACER on 05/02/2021 at 07:09:46 (UTC).

Bio-Botanica, Inc. v. Karmagreen, LLC

Case Summary

On March 3, 2021, Bio-Botanica, Inc. (“Bio-Botanica” or “Plaintiff”) represented by Frank Michael Misiti, Michael C. Cannata and Stephen J. Smirti, Jr. of Rivkin Radler LLP filed an intellectual property lawsuit against Karmagreen, LLC doing business as MT Lotz and MT Brands (“Defendant”) seeking injunctive relief, damages among other reliefs for allegedly infringing federally registered BIO-BOTANICA trademark. This case was filed in U.S. District Court in the Eastern District of New York with Judge Arlene R. Lindsay and Judge Kiyo A. Matsumoto presiding. 

 

The Plaintiff alleges that the Defendant has infringed U.S. trademark registration number 1,254,283 owned by Bio-Botanica registered in International Class 05. 

 

Plaintiff in its recently filed complaint alleged that “Defendant markets and distributes dietary and herbal supplements nationwide, including, different varieties of supplements under the BIO BOTANICAL mark. Defendant has engaged, and continues to engage, in a patterned course of deliberate conduct to trade off the goodwill that Bio-Botanica has developed in the BIO- BOTANICA trademark. Defendant has engaged, and continues to engage, in a patterned course of deliberate conduct to trade off the goodwill that Bio-Botanica has developed in the BIO- BOTANICA trademark. The Defendant has used, and continues to use, its virtually identical mark to advance, grow and develop its business and to harm and interfere with Biobusiness. Plaintiff further alleged that “Defendant’s use of the BIO BOTANICAL mark is designed to cause, and will likely cause, consumer confusion, mistake or deception as to the origin, sponsorship or approval of the Defendant's goods, given the related nature of the goods provided by Bio-Botanica. The Defendant s unauthorized use of the BIO-BOTANICA mark is willful, malicious, and in bad-faith and in conscious disregard of Bio- rights and has caused, and is likely to cause, consumer confusion between Bio-Botanica and its goods and Defendant and its goods. The only differences between the BIO-BOTANICA mark and the infringing BIO BOTANICAL mark are the omission of the hyphen, and the addition of the letter “L” in the BIO-BOTANICAL mark.“

 

There are six claims for relief laid down by the Plaintiff. The first claim for relief is for the trademark infringement 15 U.S.C. § 1114, other claims are false designation of origin 15 U.S.C. § 1125(a)(1)(A), trademark infringement and Unfair Competition Common Law, trademark dilution New York General Business Law § 360-l, trademark dilution common law and cancellation of trademark registration no. 5,656,976.  

 

In the prayer for relief, Plaintiff has requested the court to order Defendant to pay actual and

consequential damages, punitive damages, order an accounting and disgorgement of profits, grant preliminary and permanent injunctive relief against Defendant. Plaintiff further requested the court to pass an order cancelling the registration of ‘976 trademark along with granting costs of litigation to Plaintiff. 

 

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    2:21-CV-01147

  • Filing Date:

    03/03/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Intellectual Property - Trademark

Judge Details

Referral Judge

Arlene R. Lindsay

Presiding Judge

Kiyo A. Matsumoto

 

Party Details

Plaintiff

Bio-Botanica, Inc.

Defendants

Karmagreen, LLC doing business as MT Lotz and MT Brands

Karmagreen, LLC doing business as MT Lotz doing business as MT Brands

Attorney/Law Firm Details

Plaintiff Attorneys

Michael C. Cannata

Attorney at Rivkin, Radler LLP.

926 Rexcorp Plaza

Uniondale, NY 11556

Stephen J. Smirti, Jr.

Attorney at Rivkin Radler LLP

926 Rxr Plaza

Uniondale, NY 11556

Frank Michael Misiti

Attorney at Rivkin Radler LLP

926 Eab Plaza

Unionadale, NY 11556

Defendant Attorney

John Patrick Curley

Attorney at Hoguet, Newman, Regal & Kenney, LLP

10 East 40Th Street, 35Th Floor

New York, NY 10016

 

Court Documents

13 #1

Proposed Order

#13

#12

#11

#10

#9

#8

#7

#6

#5

#4

#3

#2

1 #4

Civil Cover Sheet

1 #3

Proposed Summons

1 #2

Exhibit B

1 #1

Exhibit A

8 More Documents Available
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Docket Entries

  • 04/26/2021
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  • Docket(#13) Initial Conference ORDER: If counsel cannot agree to the proposed schedule or minor modifications thereof, as attached, they are directed to appear before the undersigned in Courtroom 810, United States Federal Courthouse, Central Islip, New York at the date and time provided in the initial conference order. See attachments for details. Ordered by Magistrate Judge Arlene R. Lindsay on 4/26/2021. (Attachments: #1 Proposed Scheduling Order) c/ecf (Imrie, Robert) (Entered: 04/26/2021)

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  • 04/26/2021
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  • Docket(#12) Corporate Disclosure Statement by Karmagreen, LLC (Curley, John) (Entered: 04/26/2021)

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  • 04/26/2021
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  • Docket(#11) ANSWER to #1 Complaint, by Karmagreen, LLC. (Curley, John) (Entered: 04/26/2021)

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  • 04/08/2021
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  • Docket(#10) SUMMONS Returned Executed by Bio-Botanica, Inc.. Karmagreen, LLC served on 3/8/2021, answer due 4/26/2021. (Misiti, Frank) (Entered: 04/08/2021)

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  • 04/06/2021
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  • DocketORDER granting #8 Motion for Extension of Time to Answer. The time for Karmagreen, LLC to answer, move against or otherwise respond to the complaint is hereby extended to April 26, 2021. Ordered by Magistrate Judge Arlene R. Lindsay on 4/6/2021. (Jacobwitz, Beth) (Entered: 04/06/2021)

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  • 04/05/2021
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  • Docket(#9) NOTICE of Appearance by John Patrick Curley on behalf of Karmagreen, LLC (notification declined or already on case) (Curley, John) (Entered: 04/05/2021)

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  • 04/05/2021
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  • Docket(#8) MOTION for Extension of Time to File Answer (Joint Stipulation Extending Time to Respond to Complaint) by Karmagreen, LLC. (Curley, John) (Entered: 04/05/2021)

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  • 03/04/2021
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  • Docket(#7) Summons Issued as to Karmagreen, LLC. (Rodin, Deanna) (Entered: 03/04/2021)

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  • 03/04/2021
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  • Docket(#6) Notice of Report on the filing of an action regarding a Trademark. (Rodin, Deanna) (Entered: 03/04/2021)

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  • 03/04/2021
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  • Docket(#5) In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: #http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Rodin, Deanna) (Entered: 03/04/2021)

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  • 03/04/2021
  • DocketCase Assigned to Judge Kiyo A. Matsumoto and Magistrate Judge Arlene R. Lindsay. Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Rodin, Deanna) (Entered: 03/04/2021)

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  • 03/04/2021
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  • Docket(#4) This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (Rodin, Deanna) (Entered: 03/04/2021)

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  • 03/03/2021
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  • Docket(#3) NOTICE of Appearance by Michael C. Cannata on behalf of Bio-Botanica, Inc. (aty to be noticed) (Cannata, Michael) (Entered: 03/03/2021)

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  • 03/03/2021
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  • Docket(#2) NOTICE of Appearance by Stephen J. Smirti, Jr on behalf of Bio-Botanica, Inc. (aty to be noticed) (Smirti, Stephen) (Entered: 03/03/2021)

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  • 03/03/2021
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  • Docket(#1) COMPLAINT against Karmagreen, LLC filing fee $ 402, receipt number ANYEDC-14238044 Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by Bio-Botanica, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Proposed Summons, #4 Civil Cover Sheet) (Misiti, Frank) (Entered: 03/03/2021)

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