Monahan Products LLC d/b/a UPPAbaby v. Sam’s East, Inc. (18-cv-11561).

UPPAbaby accuses Sam’s East, a corporation that runs Sam’s Club, of infringing several trademarks through stroller sales both at physical locations and via its’ on-line store. UPPAbaby has registrations on UPPABABY, UPPA BABY, VISTA, CRUZ and G-LUXE in connection with baby strollers. UPPAbaby asserts that Sam’s Club purchases UPPAbaby strollers sold into foreign markets, brings them back to America and offers them for sale without license or authorization. Sales of such strollers would take the strollers outside of the warranty offered by UPPAbaby, which is valid only in the original country of sale and only if purchased from an authorized retailer. UPPAbaby says that Sam’s Club affirmatively claim that the strollers they sell are covered by a manufacturer’s warranty, despite knowing this to be false. UPPAbaby brings claims of false advertising, common law trademark infringement and unfair competition, and violation of Chapter 93A. The case, which was brought by Craig Smith and Nathan Harris of my firm Lando & Anastasi, is before Judge Saylor.

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