Ninth Circuit Says “Eye Dew” to a Likelihood of Confusion Requirement for Counterfeiting Claim
By EsqSocial Corporation 03/11/20
In 2014, Farmacy Beauty, a New Jersey limited liability company, began to develop a line of skin care products. In 2015, Farmacy began selling its EYE DEW eye cream product after being informed by a copywriter that EYE DEW was likely available for use based on online searches. Farmacy’s EYE DEW eye cream is sold at Sephora in the United States in a short, wide, white jar with white squarish packaging that displays an Echinacea green envy plant. Both the jar and packaging contain the phrase EYE...
By: Arent Fox