Oxnard, CA – A trademark infringement and Lanham Act §43(a) unfair competition (15 U.S.C. 1125) lawsuit was filed by attorneys for Athena Cosmetics, Inc., at the Federal District Court in Santa Ana. Athena is the owner of USPTO trademark registrations for the Revitalash, Athena, and Athena Cosmetics trademarks.
The complaint alleges that Defendants incorporated under the confusingly similar name of Athena Bioscience, also using it as a trademark, in addition to using the confusingly similar trademark of Athena Lash Serum. The complaint further asserts causes of action for unfair completion under Cal. Bus. & Prof. Code §17200, intentional interference with prospective economic advantage, intentional interference with contract, and declaratory relief under 28 U.S.C. §2201 as to the ownership of the trademarks. The case is titled Athena Cosmetics, Inc. v. Athena Bioscience, SACV08-0532 AG (C.D. 2008).