June 20, 2018 – Loza & Loza achieved a victory at the United States District Court – Central District of California for Liquid Nitro Beverages, Inc. (“LNB”). In November 2016, Nitro NRG Corp. sued LNB for declaratory judgment of non-infringement, intentional interference with contractual relations, and a violation of Business and Professions Code Section 17200. LNB’s counterclaim alleged trademark infringement, false designation of origin, and unfair competition.
Early in the case, the Court denied Plaintiff’s motion for preliminary injunction in LNB’s favor.
Judge Bernal granted a permanent injunction against Nitro NRG, awarded $134,400 in actual damages and found a sufficient basis to award treble damages, for a total of $403,200. The court also found that this was an “exceptional case of trademark infringement” and awarded Counterclaimant $11,664 in attorneys’ fees.
In a clear victory for Liquid Nitro Beverages, Loza & Loza turned the tables on the Plaintiff by not only prevailing in the lawsuit, but obtaining damages against Plaintiff, plus attorneys’ fees.
The Loza & Loza team included attorneys Tina Loza and Of Counsel, Gordon E. Gray.
The case is Nitro NRG Corp. v. Liquid Nitro Beverages, Inc., EDCV 16-2315 JGB (DTBx).