NEW ORLEANS — A New Orleans jewelry designer is suing a New Jersey silver jewelry wholesaler, alleging trademark counterfeiting and unfair competition.
Silver Dream LLC filed a lawsuit Aug. 21 in U.S. District Court for the Eastern District of Louisiana against Dilip Kapadia of Paramus, New Jersey, doing business as Silver Dreams & Sterling Things. alleging violation of the Lanham Act.
According to the complaint, on Aug. 19, Silver Dream's owner Joseph Tumulty first learned of the defendant’s infringing activity when he witnessed Kapadia personally selling jewelry under the infringing name Silver Dreams & Sterling Things Mark. The suit says the plaintiff will continue to sustain serious and irreparable financial injury, unless the defendant is restricted by the court.
The plaintiff alleges Kapadia refused to cease and desist the infringing activities, expressing his intention to continue his infringing actions and depriving the plaintiff of the absolute right to control the quality of the Silver Dream trademark. Silver Dream has been in business since 2001.
Silver Dream seeks trial by jury, a permanent injunction against the defendant's continued infringement of the Silver Dream trademark, an order directing the defendant to transfer the Infringing domain to the plaintiff and an award for damages resulting from the defendant’s infringing activities. It is represented by attorneys Richard T. Sahuc and Gregory Latham of Intellectual Property Consulting LLC in New Orleans.
U.S. District Court for the Eastern District of Louisiana Case number 2:16-cv-14001