Nutramax Laboratories (“Nutramax”), the plaintiff in Indiana’s latest trademark lawsuit, produces health supplements for companion animals. Nutramax distributes its products through multiple trade channels, including through resellers that only have an online sales outlet. Nutramax’s resellers are required to sign an Authorized Reseller Agreement which includes requirements around product quality and customer service.

The defendants, a Fort Wayne company, are allegedly unauthorized resellers that are selling Nutramax products on the Amazon Marketplace. The defendants have not signed the Authorized Reseller Agreement.

Nutramax’s counsel sent cease-and-desist communications in October 2023 and January 2024, but apparently have not received a response and the unauthorized Amazon sales have continued. As such, Nutramax now seeks the assistance of the Northern District of Indiana to enforce its trademark rights.

Stay tuned for updates.

Nutramax Laboratories, Inc. et al. v. CNB Retailers, LLC et al.

Court Case Number: 3:24-cv-00129-DRL-MGG
File Date: February 8, 2024
Plaintiff: Nutramax Laboratories, Inc., Nutramax Laboratories Veterinary Sciences Inc.
Plaintiff Counsel: Mark D. Boveri of Krieg Default LLP
Defendant: CNB Retailers, LLC d/b/a Amazon Seller Account “UniversalExports”; Brett Hart; Christina Miller
Cause: Federal Trademark Infringement, Federal False Designation of Origin, Federal False Description, Indiana Common Law Tortious Interference with a Contract
Court: Northern District of Indiana
Judge: Damon R. Leichty
Referred To: Michael G. Gotsch, Sr.

Complaint: