Echo Design Group, Inc. v. Zino Davidoff S.A., 283 F.Supp.2d 963 (S.D.N.Y. 2003) (full-text).
Factual Background Edit
Plaintiff makes fashion accessories and home-design goods under the federally registered mark ECHO, which are sold in upscale department stores like Bloomingdales and Saks Fifth Avenue. Defendant Davidoff sells tobacco products and other luxury products, including fragrances. Under license from Davidoff, defendant Lancaster makes and sells fragrances and personal-care products under the mark DAVIDOFF and more recently under the name ECHO DAVIDOFF. Defendant chose the name ECHO DAVIDOFF in May of 2002 after completion of a European marketing study. The ECHO DAVIDOFF products were launched overseas in December 2002, and the only sales in the United States have been in duty-free stores. Defendant planned on releasing the products in the U.S. in February 2004, where they would be sold in stores like Macy’s and Filene’s.
Trial Court Proceedings Edit
Plaintiff sued defendant for trademark infringement and dilution and sought preliminary injunction and temporary restraining order to prevent defendant from using the ECHO name on its products. Plaintiff claimed that the ECHO DAVIDOFF products were already available in the U.S. through fragrance-related websites and one store in Hawaii. Plaintiff also alleged that defendants displayed the term ECHO in lettering that mimicked plaintiff’s unique font, and that Davidoff’s website used plaintiff’s full company name, ECHO DESIGN, in promoting their own products.
The court denied plaintiff’s motion for a preliminary injunction, holding that plaintiff did not demonstrate that defendant’s use of ECHO would cause a likelihood of confusion to support its infringement claim or that its ECHO trademarks were famous and distinctive as required to support its dilution claim.
Finally, the court believed that plaintiff would not suffer irreparable harm because it scheduled the trial for January 12, 2004, before defendant’s planned February 2004 launch of its ECHO brand in the United States.
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