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)
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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