DESSERT BEAUTY, INC. v. FOX

No. 05 Civ. 3872(DC).

568 F.Supp.2d 416 (2008)

DESSERT BEAUTY, INC., Plaintiff, v. Mara FOX, Defendant. Mara Fox, Third-Party Plaintiff, v. Sephora, Inc. et al., Third-Party Defendants.

United States District Court, S.D. New York.

July 31, 2008.


Attorney(s) appearing for the Case

Cowan, Liebowitz & Latman, P.C., by Arlana S. Cohen, Esq., Eric Joseph Shimanoff, Esq., William M. Borchard, Esq., New York, NY, for Plaintiff and Third-Party Defendants.

Bert P. Krages, II, Portland, OR, and Loanzon Law Firm, by Tristan C. Loanzon, Esq., New York, NY, for Defendant and Third-Party Plaintiff.


OPINION

CHIN, District Judge.

At the heart of this litigation are two words: "love potion." Defendant and third-party plaintiff Mara Fox registered the trademark LOVE POTION for perfumed essential oils in 1995 and filed a declaration of incontestability for the LOVE POTION mark in 2001. In 2004, plaintiff Dessert Beauty, Inc. ("DBI") launched a line of beauty products that included two fragrance products described as "love potion fragrance" and "belly...

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