Pinkberry v. Yogiberry

Posted on September 10, 2008 by Brian Wm. Higgins
  • Pinkberry, Inc. v. Yogiberry, Inc., No. 8:2008cv02355 (D. Md. filed Sep. 9, 2008); assigned to J. Titus

     California-based Pinkberry, Inc. is a wildly popular upscale frozen yogurt restaurant with stores in New York and California. In its complaint against Olney, MD-based Yogiberry, Inc., Pinkberry characterizes its product line as "frozen yogurt with optional toppings that include fresh fruit, cereals and nuts, as well as smoothies and shaved ice under the distinctive Pinkberry branding in a unique, cafe-style restaurant setting." Comparing its branding success to "the way that Apple Computers revolutionized the computer industry," Pinkberry asserts that it has revolutionized the yogurt business by offering a product selection and consumer experience that are uniquely Pinkberry.  It cites Time, Fortune, Los Angeles Times, New York Times, and Reuters, as well as blogs, as evidence of its unique stature in the industry.

     Pinkberry contends that Yogiberry's business "deliberately imitates Pinkberry's highly distinctive branding and trade dress."  It contends that the use of the YOGIBERRY mark infringes the registered PINKBERRY mark, service marks, and trade name, in a confusingly similar manner to sell goods that unfairly compete with Pinkberry's, and it further contends that Yogiberry has misappropriated Pinkberry's trade dress.  Pinkberry is seeking an injunction, monetary damages, and forfeiture of signage.

     Reed Smith's Mark Wasserman (Falls Church, VA) filed the complaint on behalf of Pinkberry.

 

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Trademark Litigation in Maryland: 2007 Trends

Posted on January 7, 2008 by Brian Wm. Higgins

     Thirty-four plaintiffs filed 39 trademark infringement lawsuits in the District Court for the District of Maryland in 2007 (see a list of the lawsuits and the parties involved after the jump). The 39 lawsuits involved 63 defendants (individuals and entities).  By comparison, in 2006, 37 patent infringement lawsuits were filed in Maryland. 

     Topping the list of companies filing the most trademark infringement lawsuits in Maryland in 2007 were Nutramax Laboratories, Inc., the Edgewood, MD, company that specializes in nutritional supplements (4 lawsuits), and Young Again Products, Inc.,the Maryland company that describes itself as being "in the business of production and sale of health and nutritional supplements" (3 lawsuits). Nutramax also topped the list of companies filing the most patent infringement lawsuits in Maryland in 2007 (see related post here).

     The 39 lawsuits filed last year were assigned to 11 Maryland District Court Judges: Bennett (3), Blake (2), Chasanow (1), Davis (4), Garbis (3), Legg (4), Motz (5), Nickerson (1), Quarles (5), Titus (1), and Williams (4).

     List of trademark lawsuits filed in 2007:

  • Nutramax Laboratories, Inc. v. PetMed Express, Inc.
  • American Mensa, Ltd. v. Inpharmatica, LTD et al
  • Sage Dining Services, Inc. v. Morrison Management Specialists, Inc.
  • Maid to Perfection Corp, v. Vernet et al
  • Pyramide USA, Inc. v. Meissner et al
  • Union of Orthodox Jewish Congregations of America v. The Wilder Spice Company
  • Nutramax Laboratories, Inc. v. Newton-Everett, L.L.C.
  • The Compassionate Friends, Inc. v. The Compassionate Friends of Maryland, Inc.
  • Stars-N-Bars Entertainment, Inc v. Golzar et al
  • Invenergy Wind North America LLC v. John Doe Numbers 1 Through 10
  • Moulin Rouge, S.A. v. Moulin Rouge Caterers, Inc. et al
  • Allegis Group, Inc. v. Bizet Human Asset Management
  • Extra Space Storage, LLC v. Maisel-Hollins Development Co. et al
  • Young Again Products, Inc. v. Young Again Rejuvenation Clinic, LLC
  • Thirty Eight Street, Inc. et al v. State Line LC et al
  • Young Again Products, Inc. v. JMS Partners Enterprises, Ltd.
  • Young Again Products, Inc. v. Vitamins Home
  • Archstone Consulting LLC v. Archstone Portfolio Solutions, LLC
  • Global Barbeque, LLC et al v. Rub, LLC et al
  • Coach & Courier, LLC v. Kent Island Coach & Courier et al
  • Bianchi et al v. Orendorff et al
  • The American Board for Certification in Orthotics, Prosthetics and Pedorthics, Inc. v. Board of Orthotist/Prosthetist Certification, Inc.
  • Ferrante, Inc. v. Eastern Atlantic Food Group, Inc. et al
  • First Mariner Bancorp. et al v. Affiliated Mortgage Protection, LLC et al
  • Nutramax Laboratories, Inc. v. CVS Pharmacy, Inc. MD
  • McCormick & Company, Inc. v. Weatherchem Corporation
  • The Hershey Company et al v. Vendomatic, Inc.
  • Patient First Corporation v. Patients 1st Medical Equipment Company
  • Nutramax Laboratories, Inc. v. Newton-Everett, L.L.C.
  • Leonard, Inc. v Quantum Sail Design Group, LLC et al
  • Government Employees Insurance Company v. Mostchoice.com, Inc.
  • SRT-MD, LLC v. Servage Hosting
  • Travco Products, Inc. v. KR Natural Products

Notes:
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