Traverse Internet Law Disclaimer
The facts are unproven allegations of the Plaintiff and all commentary is based upon the allegations, the truthfulness and accuracy of which are likely in dispute.
PANDORA JEWELERS 1995, INC. v. PANDORA JEWELRY, LLC
SOUTHERN DISTRICT OF FLORIDA (FT. LAUDERDALE)
0:09-CV-61490
FILED: 9/18/2009
Once again the breakdown of geographic boundaries and limitations has reared its ugly head. Businesses that would never have known about each other 20 years ago, and located on different continents of the world, today are direct competitors. If you have a competitor using your business name you are at risk of losing your trademark (either common law or registered) unless you take enforcement measures. This situation was allowed to fester far too long and now the parties find themselves in complex litigation because the problem with the conflict of the names does not seem to have been addressed aggressively and proactively when it arose.
The Plaintiff is a Florida corporation operating out of Broward County as a jewelry retailer. The Defendant is a wholly owned subsidiary of a company organized under the laws of the country of Denmark. The two parties have run up against each other in selling jewelry online and have various competing registered trademarks.
The lawsuit alleges unfair competition, Florida common law unfair competition, Florida common law trademark infringement, and tortious interference with an advantageous business relationship. The Plaintiff requests the cancellation of Defendant’s improper federal registration, preliminary and permanent injunctive relief, disgorgement of profits, and the entry of an award to Plaintiffs for actual damages and attorneys’ fees. Traverse Internet Law Cross-Reference Number 1361.
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