This case was last updated from U.S. District Courts on 12/16/2021 at 05:48:09 (UTC).

Rainbow Light Nutritional Systems, LLC v. Bluebonnet Nutrition Corp.

Case Summary

On December 15, 2021, Rainbow Light Nutritional Systems, LLC’s (“Rainbow Light” or “Plaintiff”), represented by Ryan T. Bricker of Kilpatrick Townsend and Stockton LLP, filed an intellectual property lawsuit against Bluebonnet Nutrition Corp. (“Bluebonnet” or “Defendant”), seeking declaratory relief and injunctive relief along with costs and disbursements, among other relief, for the alleged infringement of the United States Trademark owned by Plaintiff. This case was filed in the United State District Court in the Northern District of California.

 

In the complaint, Plaintiff alleged that, “This lawsuit is necessary to stop Defendant Bluebonnet Nutrition Corp. (“Bluebonnet”) from unfairly trading on the MEN’S ONE™ trademark, which consumers recognize as a symbol of Rainbow Light Nutritional Systems, LLC’s (“Rainbow Light”) popular nutritional supplement, and from usurping the goodwill and reputation that Rainbow Light has built in its trademark” and “Rainbow One has used and advertised its ONE Marks in such a manner so as to create common exposure. As a result of Rainbow One’s use and promotion of marks, the public associates the family of marks and its common characteristics with Rainbow One, and has done so since before Bluebonnet began using a nearly-identical copy of Rainbow One’s MEN’S ONE™ trademark, and since before Bluebonnet applied to register or registered its copycat mark.”

 

Plaintiff also alleged that, “Beginning at some time in the past and continuing until the present, Bluebonnet has promoted, distributed, offered, and sold a multivitamin products bearing a nearly-identical copy of Rainbow Light’s MEN’S ONE™ trademark (the “Bluebonnet Imitation Mark”)” and “In particular, Bluebonnet has promoted and sold multivitamin products bearing the nearly-identical replica of Rainbow Light’s MEN’S ONE™ trademark (the “Infringing Products”) throughout the United States, including in this judicial district, via its website at www.bluebonnetnutrtion.com, and third party retailers such as Walmart and Instacart, where Rainbow Light’s products are also sold. These Infringing Products are likely to confuse consumers about the source of Bluebonnet’s products and/or a relationship between Bluebonnet and Rainbow One.”

 

Plaintiff further alleged that, “Bluebonnet has promoted, distributed, offered, and sold substantial quantities of the Infringing Products, and has obtained and continues to obtain substantial profits from these sales” and “Bluebonnet’s unauthorized use of a copy of Rainbow Light’s MEN’S ONE™ trademark is likely to deceive, confuse, and mislead actual and prospective consumers regarding the source of the Infringing Products, including whether the Infringing Products are genuine Rainbow Light products, and/or whether Rainbow Light has sponsored, authorized, or is somehow affiliated with Bluebonnet.”

 

There are three claims of relief laid down by Plaintiff. The first claim is for the alleged federal unfair competition through false designation of origin and false description. The second claim is for the alleged California trademark infringement. The third claim is for the alleged California unfair competition.

 

In the prayer for relief, Plaintiff requested the court for declaratory relief and injunctive relief along with damages, lost profits, and Bluebonnet’s profits. Plaintiff also requested punitive damages; any profits that are attributable to its illegal acts; that Rainbow Light be awarded Bluebonnet’s profits and all damages sustained by Rainbow Light, under 15 U.S.C. § 1117, plus prejudgment interest; an order of accounting; that the court impose a constructive trust on all Bluebonnet’s funds along with costs, disbursements, reasonable attorneys’ fees, and any other relief the court deems just.

 

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    3:21-CV-09689

  • Filing Date:

    12/15/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Intellectual Property - Trademark

 

Party Details

Plaintiff

Rainbow Light Nutritional Systems, LLC

Defendant

Bluebonnet Nutrition Corp.

Attorney/Law Firm Details

Plaintiff Attorney

Ryan T. Bricker

Attorney at Kilpatrick Townsend and Stockton LLP

Two Embarcadero Center, Suite 1900

San Francisco, CA 94111

 

Court Documents

1 #1

Main Document

1 #1

Civil Cover Sheet

#2

(#2) Proposed Summons. (Bricker, Ryan) (Filed on 12/15/2021) (Entered: 12/15/2021)

#3

(#3) REPORT on the filing or determination of an action regarding a Trademark (cc: form mailed to register). (Bricker, Ryan) (Filed on 12/15/2021) (Entered: 12/15/2021)

#4

(#4) Certificate of Interested Entities by Rainbow Light Nutritional Systems, LLC identifying Corporate Parent The Clorox Company for Rainbow Light Nutritional Systems, LLC. (Bricker, Ryan) (Filed on 12/15/2021) (Entered: 12/15/2021)

 

Docket Entries

  • 12/15/2021
  • View Court Documents
  • Docket(#4) Certificate of Interested Entities by Rainbow Light Nutritional Systems, LLC identifying Corporate Parent The Clorox Company for Rainbow Light Nutritional Systems, LLC. (Bricker, Ryan) (Filed on 12/15/2021) (Entered: 12/15/2021)

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  • 12/15/2021
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  • Docket(#3) REPORT on the filing or determination of an action regarding a Trademark (cc: form mailed to register). (Bricker, Ryan) (Filed on 12/15/2021) (Entered: 12/15/2021)

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  • 12/15/2021
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  • Docket(#2) Proposed Summons. (Bricker, Ryan) (Filed on 12/15/2021) (Entered: 12/15/2021)

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  • 12/15/2021
  • View Court Documents
  • Docket(#1) COMPLAINT against Bluebonnet Nutrition Corp. ( Filing fee $ 402, receipt number ACANDC-16724455.). Filed byRainbow Light Nutritional Systems, LLC. (Attachments: #1 Civil Cover Sheet)(Bricker, Ryan) (Filed on 12/15/2021) (Entered: 12/15/2021)

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