Confidence Empire Inc., a West Haven-based company which sells clothing and accessories, is suing Facebook, claiming it has failed to fix trademark infringement problems on its site.
The fashion industry business, located at 127 Tuthill St., initially filed the litigation in Superior Court in Milford, but the case has since been transferred to U.S. District Court.
Confidence Empire sells goods such as clothing, cosmetics, eyewear, jewelry, watches, handbags, luggage and wallets. According to the lawsuit, the company owns the trademark for “Confidence Empire.” The company’s principal is Leonel Lops.
Confidence Empire sells and advertises its products via the Internet, including on Facebook.
Attorney Alexander Trembicki of Lynch, Trembicki & Boynton in Westport, who filed the lawsuit on Confidence Empire’s behalf, indicated the company found “several pages on Facebook where the Confidence Empire mark was being used and infringed on (the company’s) rights.”
The lawsuit further claims Facebook, while hosting the plaintiff’s page, has allowed the page to be “corrupted or infiltrated by others.” It alleges that potential customers have clicked on the page and been diverted to “disturbing images of false content videos and websites which are unrelated to and harmful to (its) business reputation and image.”
According to the lawsuit, Confidence Empire has repeatedly asked Facebook to fix problems and take down any instances of trademark infringement, but Facebook has refused.
Confidence Empire claims it has suffered damages, including lost revenue and profits and “a destruction of the enterprise value of its business.”
The litigation alleges trademark infringement and violations of the Connecticut Unfair Trade Practices Act. It seeks money damages in excess of $15,000, punitive damages, costs, and temporary and permanent injunctions to compel Facebook to fix any “false and faulty information” associated with Confidence Empire’s name.
Attorney Gary Klein of Carmody, Torrance, Sandak & Hennessey in Stamford, who is representing Facebook, deferred comment to the company Wednesday.
Facebook did not immediately respond to a request for a comment.
Contact Michelle Tuccitto Sullo at msullo@newhavenbiz.com.