US: CustomizedGirl wins court against CustomGlamGirl
Customised clothing seller CustomizedGirl.com said it has won on all seven counts of a lawsuit filed by rival CustomGlamGirl.com.
The US District Court for the Southern District of Indiana granted summary judgment to ERetailing's CustomizedGirl.com, rejecting CustomGlamGirl.com's owner E'Stephenie Inc's trademark infringement claims.
E'Stephenie's accusations against ERetailing ranged from unfair competition and copyright infringement to interference with prospective economic advantage and unjust enrichment.
The lawsuit arose from E'Stephenie's assertion that its personalised female online clothing store, CustomGlamGirl.com, was entitled to federal trademark protection laws, even though it failed to show any evidence of a registered trademark in the state of Indiana, nor in the federal system.
Judge Larry J McKinney said the case failed to provide any evidence to demonstrate how the use of the three exceedingly common and widely-used terms 'custom', 'glam' and 'girl' held any secondary meaning in the collective consciousness of the public.
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