Santa Ana Trademark Attorneys File Trademark Infringement Lawsuit Over Newport Dental Trademark Under Lanham Act 43(a), 15 USC § 1125, And False Advertising And Unfair Competition 17200

Santa Ana, CA – Trademark attorneys, Irvine based, file trademark infringement lawsuit in Santa Ana District Court for infringement of Newport Dental trademarks, with additional causes of action for California law trademark infringement (Cal. Bus. & Prof. Code § 14320), unfair competition (§ 17200), and common laws passing off and unfair competition. Plaintiff Bright Now! Dental is a network of over 300 dentist offices which have used the trademark Newport Dental since 1985. Plaintiff has numerous trademark applications pending before the USPTO which use the words Newport and Dental in some form. Plaintiff alleges that a defendant dentist, Farshad Saghatchi, is using the infringing trademark of Newport Dental Group and offering dental services.

Bright-now.gifPlaintiff alleges that “Defendant adopted and began using the Newport Dental Group mark with actual or constructive knowledge of [Plaintiff’s] prior use and application to register the Newport Dental Marks, and with the intent to trade on the goodwill and reputation of the Newport Dental Marks. Defendant’s use of the Newport Dental Group trademark, the complaint alleges, “is likely to lead to lead consumers to erroneously believe that Defendant’s services originate from or are otherwise sponsored by, approved by, or affiliated with the owner of the Newport Dental” trademarks. In addition to preliminary and permanent injunctions, Plaintiff seeks monetary damages and attorneys’ fees as a result of the Defendant’s alleged trademark infringement. The case is titled Bright Now! Dental, Inc., v. Newport Dental Group, SACV08-00223 JVS (C.D. California).