This case was last updated from PACER on 09/01/2021 at 07:20:29 (UTC).

Good Clean Love, Inc. et al v. Epoch NE Corporation et al

Case Summary

On August 31, 2021, Good Clean Love, Inc. and Vaginal Biome Science, Inc. (together, “Plaintiffs” or “Good Clean Love”), represented by Gregory J. Mina, Julia E. Markley and Renee E. Rothauge of Perkins Coie LLP, filed an intellectual property lawsuit against Epoch NE Corporation (“Epoch”) and Lawrence Luo (“Luo”) (together, “Defendants”), seeking injunctive relief and monetary damages, among other reliefs, for the alleged trademark infringement, unlawful competition, deceptive business practices, trade dress infringement committed by the Defendants. This case was filed in U.S. District Court in the District of Oregon with Judge Ann L. Aiken presiding.

 

This is the quintessential type of case that laws forbidding trademark infringement, unlawful competition, deceptive business practices, trade dress infringement, and other similar wrongdoings are designed to prevent. This is a case of alleged counterfeit products.

 

In the complaint, the Plaintiffs alleged that, “Without Good Clean Love’s consent, Defendants have used and continue to use in commerce the Good Clean Love Marks, as described above and as depicted in paragraphs 48-50, in connection with the offering, sale, distribution, and advertising of feminine hygiene and intimate care products, which is likely to cause confusion, or to cause mistake, or to deceive, in violation of Section 32 of the Lanham Act, 15 U.S.C. § 1114. Defendants had actual and/or constructive knowledge of Good Clean Love’s rights prior to using Good Clean Love’s Marks without authorization from Good Clean Love.”

 

The Plaintiffs also alleged that, “Defendants’ actions as described herein, including developing, marketing, and selling FeminiCare and Feminilove products, constitute common law trade dress infringement and unfair competition in violation of the common law of the State of Oregon, and have caused and are likely to continue to cause confusion among consumers, in addition to injury to Good Clean Love’s reputation and goodwill associated with the Trade Dress.”

 

Further, the Plaintiffs alleged that, “In particular, in connection with their promotion and sale of feminine hygiene and intimate care products, Defendants use a trade dress that is confusingly similar to the Trade Dress. Defendants’ use of that trade dress on their filed applications with the USPTO that is likely to cause confusion and mistake and to deceive consumers and others as to the origin, sponsorship, or affiliation of the parties’ products. Consumers seeing Defendants’ packaging in the marketplace are likely to believe that Defendants’ feminine hygiene and intimate care”

 

There are seven claims for relief laid down by the Plaintiff, the first claim alleged is for Trademark Infringement in Violation of Section 32 of the Lanham Act, 15 U.S.C. § 1114; the second claim alleged is for Common Law Trade Dress Infringement; the third claim alleged is for Conversion; the fourth claim alleged is for Common Law Unfair Competition; the fifth claim alleged is for Common Law Unfair Trade Practices; the sixth claim alleged is for Breach of Contract; and the seventh claim alleged is for Tortious Interference with Contract.

 

In the prayer for relief, the Plaintiffs have requested the Court to pass a judgment for permanent injunctive relief from using the Plaintiffs’ packaging, trademark, trade dress and confidential information; an award of compensatory damages in an amount to be proven at trial, but no less than $5,000,000 along with punitive damages; an award of attorney fees, costs, and expenses that Good Clean Love reasonably incurs in prosecuting this action as allowed by law; and further relief as the Court may deem just and proper.

 

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    6:21-CV-01294

  • Filing Date:

    08/31/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Intellectual Property - Trademark

  • Courthouse:

    Oregon District

Judge Details

Presiding Judge

Ann L. Aiken

 

Party Details

Plaintiffs

Good Clean Love, Inc.

Vaginal Biome Science, Inc.

Defendants

Epoch NE Corporation

Lawrence Luo

Attorney/Law Firm Details

Plaintiff Attorneys

Gregory J. Mina

Attorney at Perkins Coie LLP

1120 Nw Couch, Ste 10Th Floor

Portland, OR 97209

Julia E. Markley

Attorney at Perkins Coie, LLP

1120 Nw Couch Street, 10Th Floor

Portland, OR 97209-4128

Renee E. Rothauge

Attorney at Perkins Coie LLP

1120 Nw Couch, 10Th Floor

Portland, OR 97209

 

Court Documents

#2

(#2) Corporate Disclosure Statement . Filed by Good Clean Love, Inc., Vaginal Biome Science, Inc.. (Rothauge, Renee) (Entered: 08/31/2021)

1 #4

Proposed Summons Lawrence Luo

1 #3

Proposed Summons Epoch NE Corporation

1 #2

Civil Cover Sheet

1 #1

Exhibit 1 - 5

#1

(#1) Complaint. for Trademark Infringement, Trade Dress Infringement, Conversion, Unfair Competition, Unfair Trade Practices, Breach of Contract, Tortious Interference with Contract Filing fee in the amount of $402 collected. Agency Tracking ID: AORDC-8215144 Filer is subject to the requirements of Fed. R. Civ. P. 7.1. Jury Trial Requested: Yes. Included patents/trademarks: 6024806--3/31/2020--Good Clean Love, Inc., 5517668--7/17/2018--Good Clean Love, Inc., 5817530--7/30/2019--Vaginal Biome Science, Inc.. Filed by Good Clean Love, Inc., Vaginal Biome Science, Inc. against Epoch NE Corporation, Lawrence Luo (Attachments: #1 Exhibit 1 - 5, #2 Civil Cover Sheet, #3 Proposed Summons Epoch NE Corporation, #4 Proposed Summons Lawrence Luo). (Rothauge, Renee) (Entered: 08/31/2021)

 

Docket Entries

  • 08/31/2021
  • View Court Documents
  • Docket(#2) Corporate Disclosure Statement . Filed by Good Clean Love, Inc., Vaginal Biome Science, Inc.. (Rothauge, Renee) (Entered: 08/31/2021)

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  • 08/31/2021
  • View Court Documents
  • Docket(#1) Complaint. for Trademark Infringement, Trade Dress Infringement, Conversion, Unfair Competition, Unfair Trade Practices, Breach of Contract, Tortious Interference with Contract Filing fee in the amount of $402 collected. Agency Tracking ID: AORDC-8215144 Filer is subject to the requirements of Fed. R. Civ. P. 7.1. Jury Trial Requested: Yes. Included patents/trademarks: 6024806--3/31/2020--Good Clean Love, Inc., 5517668--7/17/2018--Good Clean Love, Inc., 5817530--7/30/2019--Vaginal Biome Science, Inc.. Filed by Good Clean Love, Inc., Vaginal Biome Science, Inc. against Epoch NE Corporation, Lawrence Luo (Attachments: #1 Exhibit 1 - 5, #2 Civil Cover Sheet, #3 Proposed Summons Epoch NE Corporation, #4 Proposed Summons Lawrence Luo). (Rothauge, Renee) (Entered: 08/31/2021)

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