The Court concluded that NVE presented clear and convincing evidence that Defendants Edward Day, Lisa Calderone and Brandy Copley committed trademark infringement of NVE’s products. The Court permanently enjoined them from any future unlawful conduct and awarded NVE $250,000.00 plus attorneys’ fees and prejudgment interest.
Defendants Edward Day, Lisa Calderone and Brandy Copley as well as the other identified and unidentified third parties, used iOffer.com to sell products that bore identical or deceptively similar marks to NVE’s STACKER 2 and STACKER 3. The Court found that Defendants sold the following varieties of infringing products: (a) counterfeit examples of STACKER 2 and STACKER 3 that contain ephedra, a substance banned by the U.S. Food & Drug Administration on April 12, 2004; (b) knock-off products that use the STACKER 2 and STACKER 3 Trade Dress without any notice of authorization on its label or in its product description on iOffer.com; and/or (c) expired authentic STACKER 2 and STACKER 3 products, which were sold legally prior to the ban of ephedra, the sale of which is now prohibited by federal law.
NVE persuaded the Court that Defendants acted willfully because they deliberately deceived consumers so that they could profit from selling counterfeit versions of NVE’s products. NVE has suffered irreparable injury by virtue of Defendants’ repeated acts of trademark infringement, which were broadcast to a virtually limitless consumer audience via the Internet. These acts have caused a strong likelihood of consumer confusion between the counterfeit or unauthorized STACKER 2 and STACKER 3 products and their legitimate counterparts, and likely will continue to cause consumer confusion about these products in the future.
NVE, Inc. will continue to exhaust all resources to protect consumers from counterfeit, deceptive or knock-off products that infringe upon NVE’s trademarks and are not manufactured, sold or marketed by NVE Pharmaceuticals.
NVE, Inc. is the manufacturer of Dietary, Nutritional and Energy Supplements. The company is located at 15 Whitehall Road, Andover, New Jersey 07821.