VITAL PHARMACEUTICALS, INC. v. BANG DIAMONDS LLC

I. BACKGROUND

Plaintiff Vital Pharmaceuticals, Inc. seeks relief against Defendant Bang Diamonds LLC for (i) trademark infringement under the Lanham Act, 15 U.S.C. § 1125(a); (ii) unfair competition under the Lanham Act, U.S.C. § 1125(a); (iii) trademark infringement under Fla. Stat. §§ 495.131 and 495.161; (iv) unfair competition under Fla. Stat. §§ 495.131 and 495.161; and (v) violations of Florida’s Deceptive and Unfair Trade Practices Act, Chapter 501. See generally ECF No. [1]. According to the Complaint, Plaintiff has manufactured and sold products in the sports nutrition, dietary supplement, and beverage industries. Id. ¶ 7. Those products include Bang Energy ® drinks featuring the BANG ® Intellectual Property and the BANG ® Logo on a fleet of vehicles, apparel, and merchandise, including jewelry. Id. ¶ 8. Plaintiff is headquartered in the Southern District of Florida, but its products are distributed and sold nationwide. Id. Defendant is a corporation organized under the laws of the State of California with its principal place of business in San Diego. Id. ¶ 3. Defendant allegedly markets, distributes, and

sells handmade engagement rings and fine jewelry…