ST. LOUIS – A Florida individual and business is alleged to have breached a settlement agreement with a Ballwin company over trademark infringement.
ECP Georgia LLC filed a complaint on July 19 in the St. Louis 22nd Judicial Circuit Court against Eye Elements Eyecare Associates and Manish Patel alleging breach of settlement agreement and fraudulent misrepresentation.
According to the complaint, the plaintiff uses several marks registered under the Eye Elements marks. It alleges the defendants infringed on those marks in retail signs and online marketing and they negotiated a settlement. The plaintiff alleges that the defendants have breached the settlement.
The plaintiff holds Eye Elements Eyecare Associates and Patel responsible because the defendants allegedly intentionally continued to infringe plaintiff's Eye Elements and/or other plaintiff's marks in connection with their optical service business.
The plaintiff seeks an order enjoining and restraining defendants from using the name Eye Elements, and award for $50,000 in contractual liquidated damages, attorney's fees and costs and all other relief deemed just and proper. It is represented by Hugh A. Eastwood in St. Louis.
St. Louis 22nd Judicial Circuit Court case number 1822-CC10795