A federal judge has refused to dismiss state trademark dilution claims brought by the designer of a web application focused on women’s health against CVS Pharmacy over its stylized “Health Heart” logo.
Designer Anna Tucker sued under federal and state trademark law, challenging more than two dozen granted and pending trademarks the pharmacy giant displays prominently on its stores, websites and promotional materials. CVS had hoped to use a federal law barring state dilution claims against the holder of a valid federal trademark to dump those claims.
