Monahan Products LLC d/b/a UPPAbaby v. Sam 2019s East, Inc. (18-cv-11561).

  • July 26, 2018

UPPAbaby accuses Sam 2019s East, a corporation that runs Sam 2019s Club, of infringing several trademarks through stroller sales both at physical locations and via its 2019 on-line store. UPPAbaby has registrations on UPPABABY, UPPA BABY, VISTA, CRUZ and G-LUXE in connection with baby strollers. UPPAbaby asserts that Sam 2019s 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 2019s Club affirmatively claim that the strollers they sell are covered by a manufacturer 2019s 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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