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Intellectual Property
Copyright Infringement
Unfair Competition

Levon Parian individually and dba Parian Spirit v. Ulta Salon, Cosmetics & Fragrance Inc., and Does 1 through 10

Published: Oct. 31, 2015 | Result Date: May 28, 2015 | Filing Date: Jan. 1, 1900 |

Case number: 2:14-cv-09558-JAK-AJW Bench Decision –  $15,001

Court

USDC Central


Attorneys

Plaintiff

Jeffrey K. Riffer
(Elkins, Kalt, Weintraub, Reuben & Gartside LLP)

Ohia A. Amadi


Defendant

Levi W. Heath
(Barnes & Thornburg LLP)

Christopher J. Olson
(Sweeney Mason LLP)


Facts

Levon Parian owned a federal registered trademark of Parian Spirit, a makeup brush cleaner. Parian individually and dba Parian Spirit sued Ulta Salon, Cosmetics & Fragrance Inc., a retailer of beauty products, for federal trademark, false advertising and unfair competition claims and related California state law claims.

Contentions

PLAINTIFF'S CONTENTIONS:
Parian contended that Ulta tricked customers by advertising the sale of Parian Spirit products even though it was selling a different and inferior product that had been developed by Japonesque.

DEFENDANT'S CONTENTIONS:
Ulta admitted that Parian had a registered trademark for Parian Spirit but denied his other allegations and asserted various affirmative defenses.

Result

Parian accepted Ulta's Rule 68 Offer of Judgment in his favor for payment of $15,001.

Other Information

FILING DATE: Dec. 12, 2014.


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