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Avon silky smooth trademark rub down

28 February 2011 One Comment

avon cosmetics, ANEW ULTIMATE Gold Emulsion, trademark infringement, declaratory judgment

Avon cosmetics seeks a Declaratory Judgment in its trademark dispute against Pacific Specialty Oils (PSO). A Declaratory Judgment is a decision made by a judge that decides the rights and duties in a legal dispute. The judge does not usually order either party to do any action like pay fines or return property.

The dispute began on Dec 28th 2010 when Avon received a cease and desist letter from PSO stating that Avon’s skin moisturizer Anew Ultimate Gold Emulsion infringed on the trade mark of PSO’s moisturizer HTY GOLD. Their gripe is that “HTY Gold” are keywords that direct people to Avon’s website rather than HTY’s from Google search results. In addition PSO states that Avon confuses shoppers by offering their moisturizer in a “gold” variety. Avon sates that they have labeled their moisturizing product under the ANEW Ultimate Night line and that Gold Emulsion is simply a variety of their line. Therefore the “gold emulsion” descriptor of the ANEW Ultimate Night product line is not trademark infringement since it does not cause any confusion between the two products. (see the exhibits in the complaint below)

Avon received another cease and desist letter in January 2011. Perturbed by the threat of litigation, AVON brings the following declaratory judgment in an attempt to get some clarification on the matter. The result you may ask? Well… I don’t know. All I have for you folks is the court filing of the declaratory judgment… and the Southern District of New York will have to take care of the rest.

PS… I hope you liked the blog pic.

Avon cosmetics vs. Pacific Specialty Oils Trademark infringement fameappeal.com

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