KANSAS CITY — A Kansas-licensed spa-products company is suing a California-based competitor, claiming the competitor's volcano hand and feed product advertisements are too close to its own and is being used to sell a cheaper knock-off of its higher quality product.
Millenia Productions, a Kansas limited liability company, filed its property rights and trademark infringement lawsuit against Ma Vinh Dat, sole proprietor of KDS Nail Products, on Nov. 19 in U.S. District Court for Missouri's Western District. Dat is also known as "Daniel Ma," according to the lawsuit.
"It has come to Millenia's attention that KDS has developed and is marketing, advertising and distributing an inferior product that is likely to be confused with Millenia's product as well as its registered trademark, trade dress, and associated branding," Millenia said in its lawsuit.
U.S. District Court Judge Stephen R. Bough
Millenia, based in Wichita and known for its La Palm Spa Products, claims in its 18-page lawsuit that KDS, headquartered in Sacramento, California, is selling a lower-quality product while using advertising that too closely resembles its own volcano emblazoned ads.
"For almost 15 years, Millenia has developed, advertised, marketed, promoted, and distributed a range of foot and hand care products including a variety of 'spa' products, hand soaks, and foot soaks," Millenia said in its lawsuit. "A key element of Millenia’s business success has been its reputation for high quality products and its creation of distinctive trademarks and trade dress by which customers can identify Millenia's products."
Millenia's lawsuit includes its U.S. Trademark registration number for its "VOLCANOSPA" mark that connects Millenia's salt pedicure foot bath and its other pedicure preparations with volcano imagery. That overall image "is distinctive and has come to be associated with the Millenia brand," the lawsuit said.
KDS' advertising also includes Volcano imagery, according to the lawsuit. "Perhaps more disturbingly, KDS often presents its products in wholesale stores in large shipping containers," the lawsuit said.
Millenia, which has developed, advertised, marketed, promoted, distributed and its range of foot and hand care products for almost 15 years, claims KDS is violating the Trademark Act of 1946 or "Lanham Act" and fair business practices and unfair and deceptive trade practices acts in Missouri and in other states where KDS does business. Millenia is asking that KDS be enjoined from distributing, marketing or selling foot bath and spa products too close to its own, trebled monetary damages, disgorge all profits from sale of its products and pay punitive damages, attorneys’ fees, and costs.
The case has been assigned to U.S. District Court Judge Stephen R. Bough.