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Intellectual Property
Trademark Infringement
Use of Likeness

Nicole Polizzi pka Snooki v. Excel Brands LLC

Published: Jul. 12, 2014 | Result Date: Jun. 18, 2014 | Filing Date: Jan. 1, 1900 |

Case number: 1:13-cv-06146-NRB Settlement –  Permanent Injunction

Court

SD New York


Attorneys

Plaintiff

Kathleen Murray

Charles J. Harder
(Harder, Mirell & Abrams LLP)


Defendant

Ronald Israel

Melissa Salimbene


Facts

Nicole Polizzi, aka Snooki, filed suit against Excel Brands LLC, claiming its product was similar to her brand.

Contentions

PLAINTIFF'S CONTENTIONS:
Polizzi protested Excel Brands' marketing of its "Snazzy Woman" perfume, based on Excel's express admission that Snazzy Woman was a version of Polizzi's perfume, "Snooki by Nicole Polizzi." She then filed suit against Excel for violation of the New York Civil Rights Law and slogan infringement.

DEFENDANT'S CONTENTIONS:
Excel moved to dismiss Polizzi's causes of action for failure to state a claim. Excel asserted that its actions were legal under New York law, and that Polizzi's suit was baseless.

Result

The parties entered into a stipulated judgment, where the court granted a permanent injunction against Excel. The injunction prohibited Excel from using Polizzi's image through photograph, likeness, voice, or any other associated trade names in association with its own products.


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