Facts

Arcona Inc. filed a trademark infringement action against Farmacy Beauty LLC and its officers, David Chung and Mark Veeder, in relation to Arcona's Eye Dew mark, which covers various beauty product uses.

PLAINTIFF'S CONTENTIONS: Arcona contended it filed for its registered trademark No. 4,706,079 on April 18, 2012, with a first use date of Jan. 1, 2002. Farmacy began selling an eye cream product entitled also entitled Eye Dew in 2015, and ceased sales of the product in September 2017. Arcona asserted various trademark infringement claims against defendants, including counterfeiting. Arcona argued that the court should only consider defendants' use of the phrase Eye Dew while ignoring the product as a whole.

DEFENDANTS' CONTENTIONS: Defendants moved for partial summary judgment on Arcona's claim that defendants' Eye Dew product was a counterfeit of Arcona's Eye Dew products.

Result

The court granted defendants' motion for summary judgment as to plaintiff's counterfeiting claim. The court found that no reasonable jury could find defendants' Eye Dew product was a counterfeit of Arcona's products, since the only similarity between the two is the name. Further, the court noted defendants' product did not purport to be Arcona's product, and the packaging was neither identical nor substantially indistinguishable.

Other Information

Arcona's other causes of action remain before the court.