Dietary supplement maker Lepton Labs LL C has reportedly filed a lawsuit in California state court against its former marketer, W4 LL C, alleging that the marketing company shared all of Lepton’s creative materials with a direct competitor. Lepton Labs LLC v. W4 LLC, No. BC546011 (Cal. Super Ct., Los Angeles Cnty. Central Dist., filed May 16, 2014).
Lepton claims that following an agreement making W4 the sole promoter of Lepton’s AllDaySlim supplement, W4 “breached numerous contractual obligations and undertakings owed to plaintiffs when they elected to assist and work directly with” Gulf Rayz Media LL C to market its SlimBlastFast supplement, a direct competitor of AllDaySlim. W4 allegedly emailed Gulf Rayz all of Lepton’s creative work, and Gulf Rayz then mimicked Lepton’s logos, designs and satisfied customer quotations. Lepton learned of the alleged infringement because W4 failed to remove the Lepton customer service number from the Gulf Rayz Website, resulting in Lepton receiving calls from customers inquiring about SlimBlastFast. Lepton asserts several antitrust, breach of contract and intellectual property claims and seeks $2 million in damages and injunctive relief.