Philips sues online seller over toothbrushes
Electronics company Philips has filed a trademark infringement case against an individual who set up a string of online outlets to sell allegedly counterfeit goods.
Filed at the US District Court for the District of Utah, Northern Division, on Friday, May 5, Philips's suit claimed that its ‘Sonicare’ trademark had been wilfully infringed.
Sonicare is a brand of electric toothbrush made by Philips. The trademark was first registered in the US in 1994, before Sonicare was launched a year later.
Matthew Preece, who resides in Utah, is alleged to have set up four online outlets across the state, as well as the UK and Belize, to sell counterfeit ‘Sonicare’ goods using the “confusingly similar ‘Sonishare’ trademark”.
Preece is alleged to have sold replacement toothbrush heads that were advertised for use with Philips’s Sonicare products.
Philips also accused the outlets of trade dress infringement, following their use of the toothbrush head base.
The design is a dome-like shape with oval holes that acts as a base for the head to attach to the brush, and is protected under US registration number 4836282.
“Compounding the likelihood of confusion, defendants have advertised that such replacement toothbrush heads are for use with Philips’s ‘Sonicare’ products and also copied certain Philips federally registered and common law toothbrush head trade dress,” said the claim.
Philips is seeking a permanent injunction, an order prohibiting registration of the ‘Sonishare’ mark, triple profits and a jury trial.
Join us for a FREE webinar - The Halo effect: walking the wilfulness tightrope - on May 16
Today’s top stories
Major League Baseball tries to hit trademark out of the park
ZeniMax attacks Oculus over attempt to overturn $500m verdict
Travelers takes on investment firm over umbrella logo
Trump announces judicial nominees
Did you enjoy reading this story? Sign up to our free daily newsletters and get stories like this sent straight to your inbox
Already registered?
Login to your account
If you don't have a login or your access has expired, you will need to purchase a subscription to gain access to this article, including all our online content.
For more information on individual annual subscriptions for full paid access and corporate subscription options please contact us.
To request a FREE 2-week trial subscription, please signup.
NOTE - this can take up to 48hrs to be approved.
For multi-user price options, or to check if your company has an existing subscription that we can add you to for FREE, please email Adrian Tapping at atapping@newtonmedia.co.uk