Third Estate LLC dba Dope and Dope Couture v. Cornerman Productions LLC dba Dope Stampd' Los Angeles and Does 1 through 10
Published: Jun. 7, 2014 | Result Date: Oct. 8, 2013 | Filing Date: Jan. 1, 1900 |Case number: 2:13-cv-03074-SVW-VBK Settlement – Permanent Injunction
Court
USDC Central
Attorneys
Plaintiff
David Martinez
(Robins Kaplan LLP)
Defendant
James C. Fedalen
(HFL Law Group LLP)
Facts
Third Estate LLC dba Dope and Dope Couture filed an infringement lawsuit against Cornerman Productions LLC dba Dope Stampd Los Angeles.
Contentions
PLAINTIFF'S CONTENTIONS:
Third Estate claimed to be a widely recognized designer and retailer of high-end street wear. It used the mark "Dope Couture" at its retail store and website. Third Estate also claimed that it owned the trademark rights to the "Dope Mark." Third Estate claimed that Cornerman also engaged in the retail sale of street wear apparel, and also using the word "dope" in its designs and marketing.
Third Estate contended that Cornerman's use of the word "dope" caused consumer and vendor confusion. As such, Third Estate suffered damages. Third Estate asserted causes of action for federal trademark infringement; false designation of origin; trademark dilution; common law and statutory trade name infringement; unfair competition; common law unfair competition; and state trademark dilution.
DEFENDANT'S CONTENTIONS:
Cornerman denied Third Estate's allegations.
Result
The parties agreed to settle the dispute. Under the settlement, Cornerman agreed to a permanent injunction enjoining it from selling, manufacturing, or otherwise distributing goods bearing the word "dope" as a stand-alone word. In exchange, Third Estate agreed not to use or register any of its Dope marks, in any stylization, that has been used by Cornerman in connection with Cornerman's use of the word "dope."
Other Information
FILING DATE: May 1, 2013.
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