Facts

Pure Aqua Inc. filed an infringement lawsuit against Envitec Corp. and Walter Kleinberg. Defendants filed a counterclaim against plaintiff.

PLAINTIFF'S CONTENTIONS:
Plaintiff, the supplier and distributor of water treatment and purification systems, alleged that defendants contracted it to provide water treatment systems to defendants in exchange for payment. However, defendants failed to fully pay plaintiff. Moreover, plaintiff accused defendants of misrepresenting themselves as plaintiff to other parties. Such conduct also constituted a breach of plaintiff's trademark and intellectual property.

Plaintiff asserted claims for breach of contract, breach of implied covenant of good faith and fair dealing, common count for account stated, fraud for false promise, fraud for concealment, trademark infringement, false designation of origin, unfair competition under the Lanham Act, common law trademark infringement, unfair business practices, unjust enrichment, and declaratory relief.

DEFENDANTS' CONTENTIONS:
Defendants denied plaintiff's allegations, and asserted various affirmative defenses. In their counterclaim, defendants asserted claims for declaratory judgment of non-infringement and declaratory judgment of non-breach of contract.

Result

The parties reached a settlement, whereby defendants agreed to a permanent injunction, permanently enjoining them from, among others, using Pure Aqua's name and trademark or any confusingly similar marks or trade name.

Other Information

FILING DATE: Nov. 6, 2012.