A Washington State jury recently awarded nearly $6 million to Eko Brands in a case where the company claimed trademark infringement and unfair competition of its EkoBrew trademark against Adrian Rivera Maynez Enterprises (ARM) and its owner, Adrian Rivera.
According to Eko Brands, the jury found that ARM acted “wilfully in both unfair competition and trademark infringement intentionally targeting an early innovator in the field.”
In a press release issued by Eko Brands, the company said the jury found that there was a likelihood of confusion between the EkoBrew trademark and ARM trademarks: Eco Fill, Eco Carafe, Eco Flow, Eco Filter, Eco Pur and Ecosave. Previously, a 2018 jury awarded Eko Brands damages against ARM for infringing on Eko Brands patent covering some of the same products.
“This victory further establishes the EkoBrew brand as a pioneer, innovator and leader in the category and recognizes ARM’s intentional and continual infringement of our intellectual property, contributing to confusion at the retail level,” said Laura Sommers, owner and president of Espresso Supply, the parent company of Eko Brands.
ARM’s attorney, Kenneth R. Davis of the law firm Lane Powell, told HomeWorld Business that the jury’s verdict is “wholly advisory and non-binding” and that ARM remains confident in an “ultimately successful outcome.”
The story has been updated to include comments from ARM’s attorney.