Y.M.L.A. Inc. v. Helena Iai, et al.
Published: Jul. 1, 2000 | Result Date: Apr. 28, 2000 | Filing Date: Jan. 1, 1900 |Case number: 994108VAP Verdict – $0
Judge
Court
USDC Central
Attorneys
Plaintiff
David G. Halm
(Quintairos, Prieto, Wood & Boyer, P.A.)
Defendant
Facts
Plaintiff Y.M.L.A. Inc., an apparel manufacturer, owns the trademark "Y.M.L.A." and has used the trademark in
the manufacture, sale and marketing of its goods, primarily young menÆs clothing, since 1992. Plaintiff
registered its mark with the U.S. Patent & Trademark Office in 1993.
In February 1999, at an apparel trade show, plaintiff discovered that defendant NCI Apparel Inc. was selling
clothing, primarily young menÆs jeans and shirts, bearing the trademark "Y.U.M.A." owned by defendant
Helena Iai. Several persons at the trade show informed plaintiff that they walked into a booth selling the
Y.U.M.A. marked goods thinking it was a Y.M.L.A. booth.
Plaintiff sued defendants for trademark infringement under federal, state and common law on a theory of unfair
competition. IaiÆs application to register the Y.U.M.A. mark was pending when the lawsuit was filed.
Settlement Discussions
The parties engaged in numerous settlement discussions and participated in a mandatory settlement conference before Magistrate Judge Eick.
Deliberation
three hours
Poll
8-0 (infringement); 8-0 (violation of Business and Professions Code Section 17200), 8-0 (infringement was not intentional)
Length
five days
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