LovelySkin.com owns registrations for LOVELYSKIN and LOVELYSKIN.COM, which it obtained through a showing of acquired distinctiveness under Section 2(f) of the Lanham Act. It sued LivelySkin.com for infringement (both were ‘cosmeceutical’ retailers). Defendant counterclaims, moving to cancel plaintiff’s registrations. The District Court found no confusion and cancelled the regs. This 8th Circuit decision does a good job walking through the proper analysis for presumptions. Defendant raised questions whether plaintiff had acquired distinctiveness, but not enough to upend the presumption. However, defendant won the war, as the Court affirmed the finding of no confusion. Bonus discussion of whether misaddressed emails are in fact evidence of actual confusion (in this case, no).
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