MONROE — A Louisiana distributor of toddler products is suing a Missouri company, alleging trade dress infringement and false advertising.
Luv N' Care Ltd. of Monroe filed a lawsuit May 10 in U.S. District Court for the Western District of Louisiana against Michael L. McGinley and S.C. Products Inc. of Kansas City, Missouri, alleging violation of the Lanham Act and the Louisiana Unfair Trade Practices and Consumer Protection Law.
According to the complaint, the defendants have caused and will continue to cause grave injury and damage to Luv N' Care unless enjoined by the court. The suit says McGinley and S.C. Products manufactured, distributed and sold rinse pails, which are used to rinse the heads of toddlers at bath time, used photographs of the knock-off rinse pail to compete unfairly with the plaintiff and wrongly accused the plaintiff of infringement.
Luv N' Care seeks an order preliminarily and permanently enjoining the defendants from further copying the plaintiff's distinctive trade dress, from disseminating or causing the dissemination of claims or statements and from disseminating or causing the dissemination of any false or misleading claims, representations or statements. The plaintiff also seeks actual and punitive damages, reasonable attorney fees, legal costs and other the court deems just. It is represented by attorneys Joe D. Guerriero, Robert M. Chiaviello Jr. and Hartwell P. Morse III of Nuby Law in Monroe.
U.S. District Court for the Western District of Louisiana Case number 3:16-cv-00641