A California company that creates test preparation materials for nursing students has filed a copyright infringement lawsuit against a woman, claiming that she copied their materials and sold them online at discount prices.
Barkley & Associates filed the lawsuit in Los Angeles federal court against Erin Barengo and several unknown individuals, citing allegations of trademark infringement, copyright infringement, Lanham Act unfair competition, common law trademark infringement and unfair business practices.
According to court documents, Barkley & Associates specializes in creating test preparation materials for graduate nursing students studying to become certified nurse practitioners. The plaintiff claims that Barengo created online webstores to sell counterfeit copies of Barkley's study materials at discounted prices without a license, resulting in lost profits and damage to Barkley's reputation.
Barkley is demanding a jury trial to seek a judgment for statutory damages of at least $1.08 million for trademark infringement, recovery of profits, treble damages, lost sales, a reasonable royalty for infringed copies, and corrective advertising, plus interest, attorney's fees, court costs and other relief.
Additionally, Barkley is seeking a permanent injunction to prohibit Barengo from selling any further alleged infringing goods. Barkley's is represented by attorneys Brian S. Tamsut, Michael D. Harris, and Jonathan P. Pearce, of SoCal IP Law Group LLP, in Westlake Village.
U.S. District Court for the Central District of California case number 2:23-cv-09201