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Bikini Battle: the Distinctive Derrière Test

9 February 2011 One Comment


This is hilarious. Simply hilarious. There are two companies involved with this issue. Maya Swimwear CORP (mayaswimwear.com) is owned by Argentinian designer Carolina Dinardi. Maya Swimwear LLC (buymaya.com) is managed by Todd Ford Esq and David McKinney Esq.  Dinardi claims trademark infringement, violation of Lanham Act. She states that her Argentinian bikinis are distinctive because (1) they have an Argentinian cut in the derrière and (2) they are not as conservative as American bikinis. (Ladies and Gentlemen, only in a legal complaint will you find the words “conservative” and “bikini” in the same sentence).  (3) They are well known amongst celebrities like Jessica Alba, Fergie, and Nicole Richie.

The facts of this case in a nutshell: Designer Carolina Dinardi has worked very hard promoting her line. It was sold in Bergdorf Goodman and Bloomingdales and Nordstroms. The defendants Todd Ford Esq. and David McKinney Esq. were impressed with her success and wanted to become distributors for Dinardi.  Suddenly, in 2010, Dinardi’s sales turned for the worse and the defendants say it is because the Argentinian derriere cut was no longer trendy. Dinardi argues that her sales decreased because the defendants were selling Maya Bikinis on their own website Buymaya.com in competition against Maya Argentina at MayaSwimwear.com. Dinardi claims that she has been damaged because Maya LLC has similar Facebook fan pages and celebrity press pages.

Well it looks like curvy derrières across the sandy beaches of Miami are confused!!! Tushies across South and Central America need to be accentuated with an Argentinian flare. Which thong will give ladies the distinctive caboose look? Maya LLC and Maya Corp both have similar Facebook pages, both are on Twitter, and the thousands of teenie boppers and celeb-wannabes don’t know which social media fan page is the real one.

Maya Swimwear v Maya Swimwear bikini battle


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