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.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]