Facts

Summit Entertainment LLC brought a lawsuit against Preferred Fragrance Inc. for false designation of origin, trademark infringement, trademark dilution, and unfair competition.

PLAINTIFF'S CONTENTIONS:
Plaintiff alleged that it produced and distributed the "Twilight" movie franchise and owns certain trademarks relating to "Twilight," including the "New Moon" trademark. Plaintiff further alleged that the defendants manufactured and offered certain sets of fragrance and lotions using the mark "Moonlight" in the same style font and lettering as the one owned by plaintiff and that draws a connection with the "Twilight" movies. Plaintiff argued that defendants use of "Moonlight" and its packaging of its products likely caused consumer's to believe such products were endorsed by plaintiff, when in fact plaintiff had not authorized any of defendant's products or packaging.

DEFENDANTS' CONTENTIONS:
Defendants denied the allegations of plaintiff's claims.

Result

The parties entered a confidential settlement and the court, thereafter, entered a stipulated judgment and permanent injunction as to Preferred Fragrance and Ezriel Polatsek. The defendants were permanently enjoined, in part, from manufacturing or selling any product under any of the Twilight and New Moon marks, or any mark that would cause confusion or the erroneous belief that defendants' products were authorized by plaintiff or affiliated with the "Twilight" movies. Defendants were further ordered to destroy any materials using the Moonlight mark or any other intellectual property associated with the "Twilight" movies.