On Friday a case was removed from state court to the Florida Southern District Court. The case was filed by Cygnet Online LLC against Bausch Health Companies Inc. The case is regarding tortious interference with business and contract.
Defendant Bausch and Lomb is a corporation that manufactures and distributes many products, including Lumify eye drops, through several different retail modalities. Cygnet is a third party reseller that sells retail products to consumers via Amazon.com. Among the products that Cygnet sells are Bausch +Lomb and Lumify products.
As a part of Cygnet’s relationship with Amazon, they are bound by Amazon.com’s Intellectual Property Policies for Sellers. Plaintiff accuses the defendant of wrongfully making a claim under the policy and stating that Cygnet was selling the products with improper packaging in violation of Bausch’s trademark rights. This complaint caused Amazon to remove Cygnet’s listings.
Cygnet accuses Bausch of intentionally harming Cygnet’s business and relationship, even though the products were authentic and legally obtained, the complaint explained. Cygnet also claims that there was no attempt made by Bausch to obtain the product to verify if the product was authentic prior to making the trademark objection.
Plaintiff is suing for tortious interference with contractual relationship and tortious interference with business relationship. Plaintiff is represented by Cahen Law, PA. Bausch is represented by Vorys, Sater, Seymour and Pease and Greenberg Traurig.
