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Nespresso Files Trademark Infringement Claims Against Competitor

Elizabeth DiNardo, Esq. | Associate Counsel

On October 15, 2018, coffee company Nespresso S.A. filed suit in the Southern District of New York against Brooklyn-based coffee company, Ameruss of NY Inc. (“Ameruss), claiming that Ameruss violated U.S. trademark laws by calling their coffee pods “NYXpresso pods.”

In the complaint, Nespresso claims that in an effort to sell and promote coffee pods that are compatible with Nespresso single-cup coffee makers, the defendant employed a very similar brand name with the intent to mislead consumers into believing that Nespresso endorses the products. On March 12, 2018, Nespresso sent a letter to Ameruss putting the company on notice of its infringing activities and requested that the defendant company cease its infringing activities and withdraw its application to the U.S. Trademark Office to register the name NYXpresso. However, all of Nespresso’s efforts to remediate the issues were met with Ameruss’s continuation of its activities.

The suit brings claims of trademark infringement under the Lanham Act, in addition to false designation of origin. Further, Ameruss is being accused of unlawful and deceptive acts under general business law. Nespresso is seeking a preliminary and permanent injunction against the defendant to halt the manufacture, distribution, advertising for sale, promotion or sale of the infringing product. 

The suit is: Nespresso USA Inc. v. Ameruss of NY Inc., Case No.: 1:18-cv-09407, in the U.S. District Court for the Southern District of New York.

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