Judge William Pauley
Alpha Media Group (AMG) publishes “lifestyle” magazine Maxim. It licensed its Maxim mark, registered in 1997, to “lifestyle goods.” It intends to license the mark—MAXIM in red, capital letters—to a line of body sprays, perfumes and colognes. Corad Healthcare makes antiperspirants to treat hyperhidrosis. It has sold products under the Maxim mark since 2001 and obtained registration in 2003. Since 2006 Corad has sold certain products in black packaging with MAXIM in red, capital letters. AMG argued that Corad’s packaging, which included a photo of a couple and pictograms denoting travel, golf, exercise and gym impermissibly evoked Maxim magazine’s lifestyle brand. The court denied AMG an injunction barring Corad’s marketing of products in packaging AMG alleged violated its trademark rights. AMG did not show irreparable harm absent relief. The only consumers likely to encounter Corad’s products are hyperhidrosis sufferers. The fact that Corad has used the allegedly infringing packaging for years negates any presumption of irreparable harm. The complained of packaging elements have been in use since 2003. Until now they have not caused AMG to lose control of its reputation, and there is no reason to believe they caused consumer confusion.
