Trademark infringement lawsuit – which was originally filed in Washington – was transferred to the Central District of California – Santa Ana Division, pursuant to stipulation by the parties’ attorneys. Plaintiff sells lingerie under its Zovo trademark, which it has registered with the USPTO. The Zovo trademark is also used on other clothing items, namely, “tank tops, shorts, camisoles, robes, chemises, dresses, hoodies, shirts, lounge pants, pajamas, and shells.”
Plaintiff alleges that Defendants, nearly 20 months after Plaintiff’s federal trademark application was filed, registered the zovala.net domain name. The domain name incorporates defendants’ Zova trademark, which it uses to offer women’s clothing and skin care items. On October 12, 2007, Plaintiff became aware of Defendants’ Zova trademark when it saw Defendants’ advertisement in California Apparel News. Shortly thereafter, Plaintiff sent Defendants a cease and desist letter regarding the Zova trademark. Defendants responded by claiming a date of first use which allegedly predated Plaintiff’s date of first use. Plaintiff alleges that it demanded evidence corroborating Defendants’ date of first use and, not having received a satisfactory response, this lawsuit followed. The case is titled Zovo Lingerie Company, LLC v. DMH Enterprises, Inc., SACV08-0987 DOC (C.D. Cal. 2008).