BioLargo (BLGO) filed a lawsuit in the U.S. District Court for the Central District of California to protect its patented CupriDyne odor control technology and its related products, that built the Pooph pet-products brand. The suit names Pooph Inc., a Nevada corporation, and Ikigai Marketing Works LLC, a Nevada limited liability company, as defendants, alleging patent infringement, false advertising, and state law claims including breach of contract, false promise, unfair and fraudulent business practices, and constructive fraud. In the suit, BioLargo seeks an order that the defendants have infringed on its patents, an injunction enjoining defendants from further infringing on its patents, and accounting for defendants’ gains and profits; an order that defendants have violated Section 43(a) of the Lanham Act, an injunction preventing defendants from using product reviews based on BioLargo’s proprietary technology with their newly formulated products, and an accounting and damages for these violations; compensatory damages for unpaid royalties of $1,667,292; compensatory damages for unpaid product purchased from ONM Environmental of $2,154,110, compensatory damages in an amount according to proof for false promises and unfair and fraudulent business practices; treble and/or exemplary damages; and costs and attorneys’ fees. BioLargo emphasized that the dispute is limited to the Pooph license and is not expected to materially affect the company’s other business units or growth initiatives. The company remains financially stable and continues to expand its technology portfolio across consumer, industrial, and environmental markets, including healthcare.
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