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Atlantis Gems Sued for Trademark Infringement, Unfair Competition, Unjust Enrichment and Tortious Interference with a Business Relationship - Company Belongs to Former Faberge Executive Brian Dolan

Thursday, September 24, 2020 10:45 AM

MIAMI, FL / ACCESSWIRE / September 24, 2020 / ZULTANITE GEMS LLC, the ZULTANITE (R) trademark owner, filed a multimillion US-Dollar lawsuit in the Circuit Court of the 17th Judicial Circuit of Broward County, Florida, against Atlantis Gems Inc and Atlantis Gems LTD, companies belonging to Brian Dolan, former president of Faberge INC USA and former Graff boutiques operator.

Among the counts mentioned by the complaint filed by the Plaintiff, there is Trademark Infringement, Tortious Interference, Unjust Enrichment and Unfair Competition. In fact, the complaint states that Mr. Dolan's companies "have used the registered name Zultanite(R) as part of advertisements, websites, and various marketing materials in the same or similar locations as the Plaintiff, which owns the exclusive rights to do so. The Complaint further alleges that they have "profited from the use of the name Zultanite(R) and the sale of such gems for a period of several years" and, "as a direct and proximate result of the actions of the Defendants the Plaintiff has suffered damages including lost profits, both past and future, loss of reputation, loss of goodwill, and diminution in value of the Zultanite brand."

Zultanite Gems additional alleges in its lawsuit that Mr. Dolan's companies interfered with the ZULTANITE(R)'s rightful distributor, Provenance Gems LLC, and engaged in a direct, intentional, and unjustified interference with the relationship by selling jewelry on the same cruise ships under the name Zultanite(R) where the Plaintiff and Provenance had an exclusive agreement to do so.

Furthermore, it alleges that Atlantis Gems Inc and Atlantis Gems LTD, have violated the worldwide rights to the trademark ZULTANITE(R), by using the identical name Zultanite for their own jewelry as further set forth herein. It references that they have used the name Zultanite as part of advertisements and various marketing materials in the same or similar locations as the Plaintiff, which owns the exclusive rights to do so, the natural and probable result of their actions is customer confusion being likely to occur.

As set forth in the Compliant, Mr. Dolan's companies' actions were repetitive in nature and the infringement on the Zultanite trademark occurred on numerous occasions, both on Atlantis Gems' own webpage and on board of various cruise ships, among which included the Viking Sea, Zuiderdam, Viking Star and the Norwegian Escape.

Zultanite Gems, LLC

Any inquiries on Zultanite Gems, LLC's behalf may be directed to its counsel of record, Jeremy D. Friedman, The Downs Law Group, P.A., 3250 Mary St. Suite, 307, Miami, Florida 33133.

SOURCE: NAIMA Strategic Legal Services GmbH via EQS Newswire

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