SHERMAN — A health care products distributor is suing a systems developer, alleging unfair competition, unfair trademark practices and false advertising.
ASD Specialty Healthcare Inc. of Frisco filed a complaint Aug. 5 in the Sherman Division of the Eastern District of Texas against Cubex LLC, alleging violation of the Lanham Act.
According to the complaint, ASD has suffered and will continue to suffer irreparable monetary injury to its business, good will and reputation until Cubex is enjoined by the court. The plaintiff alleges Cubex marketed, promoted, advertised, sold and distributed products and services using the CUBEXRX mark, without informing the plaintiff. The suit says the defendant has been unjustly enriched and has caused and is likely to cause confusion, mistake or to deception.
ASD Specialty Healthcare seeks trial by jury, the defendant be required to pay the plaintiff all profits and benefits derived from its infringing activities, actual, consequential and compensatory damages, pre- and post-judgment interest, court costs and attorney fees and all other relief the court deems proper. It is represented by attorneys S. Wallace Dunwoody, Amanda K. Greenspon and Ted A. Huffman of Munck Wilson Mandala LLP in Dallas.
Sherman Division of the Eastern District of Texas Case number 4:16-cv-00587