A mark used in commerce by the manufacturer of hip, urban clothing directed at young, ethnic men is not confusingly similar to that used by a designer perfume, the U.S. District Court for the Southern District of New York held Feb. 17 (Paco Sport Ltd. v. Paco Rabanne Parfums, S.D.N.Y., No. 96 Civ. 1408 (JES), 2/17/00).
In this declaratory judgment action, Paco Sport Ltd. asked the court to decide whether its use of the marks “Paco” and “Paco Sport” on clothing infringes the rights of Paco Rabanne Parfums in its federally registered “Paco” and “Paco Rabanne” marks. Paco Rabanne counterclaimed for trademark infringement and false designation of origin under the Lanham Act’s Sections 32 and 43(a), 15 U.S.C. ��1114, 1125(a); trademark dilution under N.Y. Gen. Bus. Law �360-1; and common law unfair competition.
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