Los Angeles, CA – Trademark attorneys for Murad, Inc. filed a trademark infringement and 15 U.S.C. § 1125(a) unfair competition complaint, at the Federal District Court in Los Angeles, against Boots Retail USA. Murad registered the Perfecting Serum® trademark with the USPTO in 1998, but it was registered on the Supplemental Register because the mark was descriptive. It is not clear why Murad has not since applied to register the trademark on the Principal Register under §2(f), which affords prima facie evidence of acquired distinctiveness. Instead, Murad must now prove acquired distinctiveness in Court. See Commerce Bancorp, Inc. v. BankAtlantic, 285 F. Supp. 2d 475, 484 (D.N.J. 2003)
The complaint alleges that long after Murad used and registered the Perfecting Serum® trademark, Defendant began using “the trademark Intense Perfecting Serum despite the fact the identified trademark wrongfully appropriates Murad’s registered Perfecting Serum trademark and is confusingly similar thereto. . . Defendant’s use of trademark Intense Perfecting Serum as alleged above to designate, advertise and/or promote the sale of skin moisturizer is likely to cause confusion or mistake or to deceive the purchasers of its products as to the source of origin of defendant’s products and to cause defendant’s products to be passed off or viewed as those which are provided or authorized by Murad.” The case is titled Murad, Inc. v. Boots Retail USA, Inc., CV09-0246 SVW (C.D. Cal. 2009).