The marketing company that owns the trademark rights to the "Chop Wizard" and "Vidalia Chop Wizard" is suing a competitor for marketing and selling the "Vidalia Chopper Pro."
Both the Vidalia Chop Wizard and the Vidalia Chopper Pro are used for slicing and shredding vegetables and fruit, but plaintiff Products 2 Retail Inc. claims the names of both products are too similar and could cause confusion among customers. A 26-page federal lawsuit was filed against
Wyoming-based Mueller Direct Wednesday in U.S. District Court for the District of Connecticut.
The Westhampton, New York-based Products 2 Retail, the lawsuit states, has been "irreparably harmed by Mueller's infringement to an extent not yet determined, and will continue to be irreparably harmed in the future unless Mueller is enjoined from its activities."
Joining the lawsuit with Products 2 Retail is Norwalk-based National Express Inc., a direct response company with a focus on bringing products directly to consumers via television, internet, print, mail order and retail. A March 1 license agreement between Products 2 Retail and National Express makes National Express the exclusive licensee of the Vidalia Chop Wizard mark with the right to manufacture and sell the goods.
Mueller, which markets and sells kitchen tools, including vegetable slicers, has infringed because it "makes, uses, sells, and/or offers for sale, all without authorization or permission from plaintiffs, competitive vegetable slicer products under the confusingly similar name," the lawsuit asserts. Mueller sells the products on its website and Amazon, among other venues.
Mueller's actions, the lawsuit states, "have been undertaken willfully and in bad faith."
The civil action claims trademark infringement in violation of the federal Lanham Act and the Connecticut Unfair Trade Practices Act.
The lawsuit seeks a jury trial and asks that the court "preliminarily and permanently enjoin from further infringement of plaintiff's Vidalia Chop Wizard mark." In addition, the lawsuit seeks statutory damages and attorney fees, among other relief.
The plaintiffs are being represented by Steven M. Coyle, a partner, and associate Tasia E. Hansen, both with Cantor Colburn in Hartford. Neither was available for comment Friday.
As of Friday afternoon, Mueller had not assigned an attorney to the case. No one from the company's Buffalo, Wyoming, offices was available for comment.
The case will be heard in front of U.S. District Judge Janet Bond Arterton in New Haven.