Marcia Pellitteri v. Tangle Teezer, Ltd., Tangle Teezer Inc., Shaun Pulfrey, and Does 1 through 100, inclusive
Published: Mar. 22, 2024 | Result Date: Nov. 14, 2023 | Filing Date: Dec. 6, 2022 |Case number: 2:22-cv-08849-RGK-MAA Summary Judgment – Defense
Judge
Attorneys
Plaintiff
Defendant
Elizabeth Y. Mu
(Freeman Mathis & Gary, LLP)
John K. Rubiner
(Freeman Mathis & Gary, LLP)
Facts
Plaintiff Marcia Pellitteri sued Tangle Teezer, Ltd. And Tangle Teezer, Inc., and the CEO of both entities, Shaun Pulfrey, alleging several claims for trademark infringement related to Plaintiff's trademark on a hair styling tool, "The Ultimate Everything Brush." Defendants asserted that Plaintiff had abandoned the mark.
Result
The court granted Defendants' motion for summary judgment, finding that, as a matter of law, the marks were not valid because Plaintiff did not file a proper "Section 8 declaration" indicating her use in commerce, and because she had abandoned the mark. Plaintiff's claims were dismissed.
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