Optimal Pets Bites Nutri-Vet And The Vitamin Shoppe With A Trademark Infringement and Unfair Competition Lawsuit

Riverside, CA – Trademark attorneys for Optimal Pets, Inc. filed a trademark infringement and unfair competition complaint in the Central District of California (Riverside Division). Optimal Pets sells pet products, such as vitamins and other dietary supplements, grooming products, and other items. Optimal Pets has marketed and sold the products on the Internet under its common law Optimal Pets trademark, but does not have a trademark registration. (Read Advantages of Registered Trademarks)

The complaint alleges that Plaintiff’s principal met with Defendant Vitamin Shoppe after learning of Defendant’s search for suppliers of its new line of vitamins and dietary supplements. Optimal Pets’ proposal to Vitamin Shoppe was not accepted. Instead, in August of 2008, Vitamin Shoppe began marketing and selling a new line of pet vitamins and dietary supplements which were allegedly supplied by Defendant Nutri-Vet. The complaint alleges “that Defendants were aware, at the time they made the decision to use the mark or designation ‘OPTIMAL PET’ in connection with their products, that [Plaintiff] had made prior use of the trade name and mark ‘OPTIMAL PETS’ in commerce in connection with the sale of similar products.” The case is titled Optimal Pets, Inc. v. Nutri-Vet, LLC et al., EDCV 08-1795 SGL (C.D. Cal. 2008).