Nutrivita Laboratories, Inc. v. VBS Distribution Inc.
Opinion
Lead Opinion
Carney, J.
ORDER DENYING DEFENDANTS’ MOTION FOR ATTORNEYS’ FEES AND SANCTIONS
I. INTRODUCTION
Plaintiff Nutrivita Laboratories, Inc. (“Nutrivita”) brought this action against VBS Distribution Inc., Kings Herb Corporation, and Joseph C. Nguyen (collectively, “VBS”), alleging that VBS unlawfully copied its trade dress in violation of the Copyright Act, the Lanham Act, and various state statutes. The parties evidently reached an agreement that the case should be dismissed, and on December 23, 2015, Nutrivita filed a stipulation to dismiss the case with prejudice, (Dkt.40), which the Court granted on December 30, 2015. Currently before the Court is VBS’s motion for attorneys’ fees and sanctions. (Dkt.41.) For the following reasons, that motion is DENIED.
II. BACKGROUND
Plaintiff Nutrivita is a marketer and distributor of what it calls “nutraceutical supplements,” including a dietary supplement called Arthro-7. (Dkt. 17 (“First Amended Complaint” (“FAC”)) ¶ 10.) Arthro-7 is sold in capsule form and was developed to promote joint health. (Id. ¶ 11.) Arth-ro-7 is a registered trademark. (Id. ¶ 11.)
Defendant VBS markets and sells a competing product called “JN-7 Best,” which is apparently…