Conopco Inc. dba Unilever v. P.E. Rubaloff Co. Inc., Karen Rubaloff, Phillip Rubaloff
Published: Mar. 29, 2014 | Result Date: Aug. 29, 2013 | Filing Date: Jan. 1, 1900 |Case number: 2:12-cv-10591-JAK-JC Bench Decision – Permanent Injunction
Facts
Conopco Inc., doing business as Unilever, sued P.E. Rubaloff Co. for trademark infringement.
Contentions
PLAINTIFF'S CONTENTIONS:
Unilever is a manufacturer and distributor of beauty, skin care, and personal care products, and carried these products under its Dove brand. Plaintiff contended that defendants violated these trademarks by selling and distributing its own unauthorized products, also bearing Dove trademarks.
Unilever accused defendants of trademark counterfeiting and trademark infringement in connection with Unilever's Dove trademark. Unilever sought a permanent injunction, preventing the defendants from continuing to use any of its trademarks in connection with skin care products.
Unilever asserted causes of action for trademark counterfeiting, trademark infringement, trademark dilution, state statutory unfair competition, state statutory dilution, and common law unfair competition.
DEFENDANT'S CONTENTIONS:
Defendants denied Unilever's allegations, and asserted various affirmative defenses. Among those defenses, they argued that Unilever had failed to state a cause of action upon which relief could be granted, and that its claims were barred by estoppel.
Result
The court granted a permanent injunction, ordering defendants to cease using any Unilever trademarks incorporating the names Dove, Caress, or Lever 2000.
Other Information
FILING DATE: Dec. 11, 2012.
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