CHICAGO — A surrogacy company is suing Conceiveabilities Inc., and Nazca Fontes, owner, citing alleged unfair competition for violating the terms of a trademark case settled late last year.
Golden Surrogacy LLC filed a complaint on March 27 in the U.S. District Court for the Northern District of Illinois against the defendants alleging they made use of plaintiff's mark to advertise their services. Both are Chicago-area surrogacy companies.
According to the complaint, the plaintiff alleges that it sustained damages to both its business and reputation. The plaintiff holds the defendants responsible because they allegedly continued to use the "Everyone Deserves A Family" and similar phrases on their website, which is confusingly similar or identical to plaintiff's mark. The plaintiff claims it has used the mark since 2014 and the defendants initiated use a year later.
The plaintiff requests a trial by jury and seeks to order the defendant to remove all instances of or references to the phrases in question, damages no less than $50,000, court costs, interest and any further relief this court grants. They are represented by Daliah Saper and Matthew R. Grothouse of Saper Law Offices LLC in Chicago.
U.S. District Court for the Northern District of Illinois Case number 1:17-cv-02333