2012

Plaintiff owns incontestable registration for SEXY HAIR for hair care products. Defendant maintains SEXY HAIR SALON and website at sexyhairsalon.com.

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Me (voiceover): The following is a conflation of real events, dramatized for anecdotal value.

FX (sound effects): Fog Horn. Footsteps on pavement.

Me (voiceover): Through discovery, I had obtained the name and address of someone who allegedly was responsible for paying for advertisements that promoted counterfeits. Let’s call him John Doe of Any Town, USA.

There were 260 third-party domain names reflecting our client’s trademark. The names either directed to active counterfeit sites or pages o’ links leading to those sites. We brought an action and now the names belong to our client. The sites now bear a warning to consumers about counterfeit goods.

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Flowers Bakeries Brands, Inc. sued Interstate Bakeries Corporation (IBC) (now Hostess) for trademark infringement, among other claims, alleging that IBC’S NATURE’S PRIDE and NATURE’S CHOICE trademarks for packaged breads were confusingly similar to Flowers’ NATURE’S OWN trademark. IBC’s insurer refused to defend IBC. IBC sought a declaration that insurer had a duty to defend IBC.