LOS ANGELES (Legal Newsline) - The designer of “unique” toothbrushes is suing CVS Pharmacy Inc. for patent infringement, claiming the company has copied two of his designs.
Los Angeles-based Blue Forest LLC filed its lawsuit in the U.S. District Court for the Central District of California Wednesday.
Ari Syrquin Jamson, the principal of Blue Forest, claims that CVS has infringed on two of the company’s patents: U.S. Patent Nos. D579,207 and D579,666.
According to the 15-page complaint, Jamson has been designing and marketing toothbrushes for the past 16 years. He has developed custom designs and concepts for companies such as Johnson & Johnson, Avon Cosmetics, Colgate, Palmolive and Walmart, among others.
“Among his creations and innovations were specialized designs for the elderly, pet toothbrushes, travel brushes and kits, brushes for private brand products and other toothbrush novelty products,” the complaint states.
The ‘207 and ‘666 patents describe and claim a unique design of sports-themed toothbrushes. The ‘207 patent includes a model of a basketball in the brush handle; the ‘666 patent includes a soccer ball, also in the handle.
According to Blue Forest’s complaint, Jamson and a colleague presented the toothbrushes to CVS at a baby and oral care trade show held in Orlando, Florida, in the summer of 2011.
As part of the demonstration, a CVS representative was provided with samples of the brushes and informed that their designs were patent protected, Blue Forest claims.
It was Blue Forest’s intent to sell the toothbrushes in CVS stores nationwide.
Despite a “strong interest” by CVS in the brushes, no agreement was reached.
Blue Forest says it discovered the pharmacy chain was selling the sports-themed toothbrushes nearly three years later.
“Instead of licensing Blue Forest’s patents, CVS simply copied the designs and started selling knock-off toothbrushes, thereby intentionally and willfully infringing Blue Forest’s ‘207 and ‘666 patents,” the complaint states.
Blue Forest is asking the federal court that an accounting be had for the damages caused to it by CVS’ alleged infringing activities.
It also is asking that the damages -- including those for lost profits and/or reasonable royalty -- be trebled with interest.
In addition, Blue Forest is seeking an order from the court granting preliminary and permanent injunctive relief.
It also is seeking attorneys’ fees and costs.
Los Angeles law firm Russ August & Kabat is representing Blue Forest in the lawsuit.
A spokesman for CVS said as of Friday it had not been served with the suit, so it could not comment.
From Legal Newsline: Reach Jessica Karmasek by email at patents@legalnewsline.com.