Articles Posted in 17200 Unfair Competition

Los Angeles, CA – Trademark attorneys for Professional Photographers of America, Inc. filed a trademark infringement and unfair competition lawsuit at the Federal District Court in Los Angeles, alleging infringement of Professional Photographers’ USPTO registered trademarks for Imaging USA and Imaging Expo. The complaint states that since 1999, Professional Photographers has used the Imaging USA trademark for trade shows in the field of professional photography and has used the Imaging Expo trademark since 2004 for trade shows.

Plaintiff asserts that Defendant “Rangefinder intends to use the designation World Imaging Expo for tradeshows in the field of professional photography” and that Plaintiff became aware of the competing tradeshow when it discovered a copy of the World Imaging Expo convention program guide. Professional Photographers also discovered that Rangefinder had filed an intent-to-use trademark application with the USPTO. Professional Photographers asserts that it sent a cease and desist letter to Rangefinder over the use of the World Imaging Expo trademark, but Rangefinder refused to withdraw its pending trademark application or stop using the trademark. Thus the complaint was filed asserting causes of action for federal trademark infringement under 15 U.S.C. § 1114, false designation of origin and false representation under 15 U.S.C. § 1125(a), and unfair competition under California common law and statutes. The case is titled Professional Photographers of America, Inc. v. Rangefinder Publishing Co., CV08-02324 SVW (C.D. Cal. 2008).

PRACTICE NOTE: A proposed trademark does not have to be identical to another party’s previously registered or used trademark in order to prove infringement. If there is going to be a “likelihood of confusion” between the two trademarks, a Court will enjoin the junior trademark owner’s use of the “confusingly similar” trademark. For example, the trademark Red Shield for insurance services was held to be confusingly similar with the previously registered Blue Shield® trademark.

Los Angeles, CA – Trademark attorneys for Creative Artists Agency (“CAA”) filed a trademark infringement lawsuit in Federal District Court in Los Angeles against a media/marketing company. CAA is a well known talent agency and has used the registered CAA trademarks for over thirty years. CAA also uses the www.caa.com and www.sports.caa.com as domain names. The trademark, “the logo and the domain names are all used in connection with talent agency services, literary agency services, sponsorship services, marketing and communication services and sports agency services.”

CAA alleges that the defendants commenced business as CAA-Media in 2003 and “began using the website www.caa-media.com in connection with media buying and media consulting, which is closely related to the services offered by CAA. CAA also continues that defendants “use the designation ‘CAA’ in stylized red lettering, which is nearly identical to CAA’s distinctive mark.” CAA discovered defendant’s use of the allegedly infringing trademark when a CAA employee was informed by a friend that they were hired by defendants CAA-Media. CAA sent a cease and desist letter to defendants which also requested the transfer of the defendants’ CAA domain names. The complaint alleges that instead of ceasing the infringing use, the defendants filed a trademark application with the USPTO for the CAA trademark. The complaint asserts the following causes of action: (1) Federal trademark infringement under 15 U.S.C. § 1114; (2) Federal trade name infringement and false designation of origin under section 43(a) of the Lanham Act, 15 U.S.C. § 1125(a); (3) Federal trademark dilution, 15 U.S.C. § 1125(c); (4) Cyberpiracy under 15 U.S.C. § 1125(d); (5) California common law unfair competition; (6) Unfair competition under Cal. Bus. & Prof. Code § 17200; (7) Injunctive relief; and, (8) Declaratory relief. The case is titled Creative Artists Agency, LLC v. Chessen & Associates, Inc. et al., CV08-02309 SVW (C.D. Cal. 2008).

San Francisco, CA – Trademark attorneys file trademark infringement, trademark dilution and Lanham Act 43(a) unfair competition lawsuit, on behalf of Levi Strauss & Co., in the Northern District of California, alleging infringement of Levis’ USPTO registered trademarks. Among Levis’ numerous registered trademarks is the famous Arcuate Stitching Design Trademark, which is a distinctive pocket stitching design and “is the oldest known apparel trademark in the United States.” The Arcuate Stitching Design Trademark was first used in interstate commerce in 1873 on clothing products. Levis also owns the Tab Device Trademark “which consists of a small marker of textile or other material sewn into one of the regular structural seams of the garment.” Levis first used the Tab Device Trademark in 1936 on the rear pocket of its pants when a sales manager suggested it to distinguish Levis’ clothing and jeans from those of competitors.

Levis alleges that defendant Jeans City manufactures, sources, markets and/or sells “jeans that diplay designs on the rear pockets that are confusingly similar to [Levis’] Arcuate and Tab trademarks.” The complaint alleges that “Jeans City’s actions have caused and will cause [Levis] irreparable harm for which money damages and other remedies are inadequate. Unless Jeans City is restrained by this Court, Jeans City will continue and/or expand the illegal activities alleged in this Complaint and otherwise continue to cause great and irreparable damage and injury to Levis.” Levis claims that it will be harmed by not being able to use and control use of its trademarks, a likelihood of confusion, mistake and deception created in the minds of consumers, false association between Levis and Jeans City, and loss of goodwill. The complaint alleges the following causes of action: (1) Trademark infringement under 15 U.S.C. § 1114; (2) Federal unfair competition, false designation of origin, and false description under section 43(a) of the Lanham Act, 15 U.S.C. § 1125(a); (3) Federal trademark dilution under the Lanham Act section 43(c), 15 U.S.C. § 1125(c); (4) California dilution and trademark infringement under Cal. Bus. & Prof. Code §§ 14320, 14330, 14335, 14340; and, (5) Unfair competition under Cal. Bus. & Prof. Code § 17200. The case is titled Levis Strauss & Co. v. Jeans City USA, Inc., CV08-01639 WHA (N.D. California).

Irvine, CA – Trademark attorneys file trademark infringement, Lanham Act 43(a) unfair competition, and declaratory judgment lawsuit, on behalf of home/garden products manufacturer, in Los Angeles Federal District Court (Santa Ana Division), regarding the Feng Shui USPTO registered trademark. Plaintiff Innovage received a cease and desist letter from the Defendant Style Asia regarding its use of the Feng Shui trademark on its line of home/garden fountains. Style Asia has registered its Feng Shui trademark with the USPTO and threatened Innovage with a lawsuit if it did not cease using the same trademark.

Innovage did not wait for Style Asia to disturb its harmonious, Zen like use of its Feng Shui trademark and instituted a lawsuit against Style Asia. Innovate alleges that it, and not Style Asia, was first to use the Feng Shui trademark and despite Style Asia’s trademark registration, Innovage sued for trademark infringement and unfair competition under section 43(a) of the Lanham Act (15 U.S.C. § 1125(a)). The complaint alleges that Style Asia’s use of the Feng Shui trademark “is likely to cause confusion, mistake and deception of the public as to the identity and origin of its own and of Innovage’s goods, causing irreparable harm to Innovage.” The complaint also asserts a California common law unfair competition claim and alleges that Style Asia took advantage of Innovage’s goodwill in the trademark. Innovage also asks the Court to declare that it does not infringe on Style Asia’s trademark and requests the Court order cancellation of the registration at the USPTO. The case is titled Innovage LLC v. Style Asia, Inc., CV08-00310 JVS (Central District California).

Glendale, CA – Trademark attorneys file trademark infringement and Lanham Act 43(a) unfair competition lawsuit to protect Tycoon Jewelry, Inc.’s jewelry related trademarks in Los Angeles Federal District Court, alleging infringement of its USPTO registered trademarks for jewelry products. Tycoon Jewelry alleges that it has used the Tycoon and Tycoon ct trademarks, either alone or in combination with other words or symbols, with a wide range of products, including jewelry, for approximately twenty years.

The complaint alleges that Defendant Tycoon International, Inc. has used the infringing Tycoon mark both in its company name and for the sale of jewelry. The complaint asserts the following causes of action: (1) Trademark infringement 15 U.S.C. §§ 1114; (2) False designation of origin and trade dress infringement under section 43(a) of the Lanham Act, 15 U.S.C. § 1125(a); (3) Unfair competition under Cal. Bus. & Prof. Code § 17200 ; and, (4) California common law unfair competition. The case is titled Tycoon Jewelry, Inc. v. Tycoon International, Inc., CV08-01982 CAS (C.D. California).

Riverside, CA – Trademark attorneys file trademark infringement and Lanham Act 43(a) unfair competition lawsuit, on behalf of Hansen Beverage Company, in Los Angeles Federal District Court, alleging infringement of its USPTO registered Monster energy drinks trademarks. Hansen launched Monster energy drinks in 2002 and, since then, has expanded to a variety of products which are marketed under the Monster family of trademarks. The Monster energy drink containers prominently display the Monster trademarks and trade dress. Hansen has spent millions of dollars in promoting the drinks under the Monster trademarks and has retail sales of over one billion dollars.

Defendants also sell an energy product under the trademark of Monster Energy Shot. Hansen alleges that “without permission or authority from Hansen, Defendants have infringed Hansen’s MONSTER Marks in interstate commerce in connection with Defendants’ making, using, promoting, advertising, selling, and/or offering to sell the MONSTER ENERGY SHOT drink.” The complaint also states that, by choosing a similar color scheme on their containers, “Defendants have infringed Hansen’s MONSTER trade dress in interstate commerce in connection with Defendants’ making, using, promoting, advertising, selling, and/or offering to sell its MONSTER ENERGY SHOT energy drink.” The complaint asserts the following causes of action: (1) Trademark infringement 15 U.S.C. §§ 1114; (2) Trademark dilution under the Lanham Act section 43(c), 15 U.S.C. § 1125(c); (3) False designation of origin and trade dress infringement under section 43(a) of the Lanham Act, 15 U.S.C. § 1125(a); (4) California trademark dilution under Cal. Bus. & Prof. Code § 14330; (5) Unfair competition under Cal. Bus. & Prof. Code §§ 17200 and 17500; (6) Common law trademark infringement; (7) Common law trade dress infringement; and, (8) California common law unfair competiton. The case is titled Hansen Beverage Company v. N2G Distributing, Inc., et al., EDCV08-0357 VAP (C.D. California).