Philips Sues Online Seller over Toothbrushes

Electronics company Philips has filed a trademark infringement case against an individual who set up a string of online outlets to sell allegedly counterfeit goods.

Filed at the US District Court for the District of Utah, Northern Division, on Friday, May 5, Philips's suit claimed that its ‘Sonicare’ trademark had been wilfully infringed.

Sonicare is a brand of electric toothbrush made by Philips. The trademark was first registered in the US in 1994, before Sonicare was launched a year later.

Matthew Preece, who resides in Utah, is alleged to have set up four online outlets across the state, as well as the UK and Belize, to sell counterfeit ‘Sonicare’ goods using the “confusingly similar ‘Sonishare’ trademark”.

Preece is alleged to have sold replacement toothbrush heads that were advertised for use with Philips’s Sonicare products.

Philips also accused the outlets of trade dress infringement, following their use of the toothbrush head base.

The design is a dome-like shape with oval holes that acts as a base for the head to attach to the brush, and is protected under US registration number 4836282.

“Compounding the likelihood of confusion, defendants have advertised that such replacement toothbrush heads are for use with Philips’s ‘Sonicare’ products and also copied certain Philips federally registered and common law toothbrush head trade dress,” said the claim.
Philips is seeking a permanent injunction, an order prohibiting registration of the ‘Sonishare’ mark, triple profits and a jury trial.