Rock & Roll REligion, Inc. v. Robert Goldman et al.

Judgment

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Cels Enterprises, Inc. and Robert Goldman (“CELS”) market, distribute, sell, and license women’s clothing and apparel products bearing the “Chinese Laundry” marks. Rock and Roll Religion, Inc. and Defiance U.S.A., Inc.,(“Rock & Roll”) manufacture and sell men’s clothing and apparel products bearing the “English Laundry” marks.

CELS filed a Third Amended Counterclaim on December 1, 2009, alleging federal claims against Rock & Roll for Trademark Infringement pursuant to 15 U.S.C. §1114, among other things.

After a series of 12(b)(6) motions, on December 1, 2009, CELS filed the Third Amended Counterclaim. In response to the Third Amended Counterclaim, Rock & Roll filed their joint Motion to Dismiss under Rule 12(b)(6) of the Federal Rules of Civil Procedure for failure to state a claim. At the hearing, the Court converted the Motion to Dismiss to one for summary judgment and directed that cross-motions for summary judgment be briefed by the parties. The hearing on the matter was held on March 22, 2010.

Robert Goldman is the founder and current CEO of Cels Enterprises, Inc.; CELS markets, sells, distributes, and licenses primarily women’s footwear. Products bearing the Chinese Laundry mark are marketed toward women. Products bearing the Chinese Laundry mark are not marketed toward men; nor does the Chinese Laundry mark appear on men’s clothing or apparel. CELS only began to license the Chinese Laundry mark for use on some items of clothing and accessories in 2003. Rock & Roll markets, sells, distributes, and licenses products under various English Laundry marks. The English Laundry mark has been used in commerce on apparel products since May 2000. Rock & Roll markets over ninety percent of its English Laundry branded products to men. All products bearing an English Laundry mark are high quality designer products. Prior to the first use of the English Laundry mark, the Chinese Laundry mark was only marketed and sold on women’s shoes.

The English Laundry

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Reference Info:Decision | Federal, 9th Circuit, California | United States


DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Shawn McMillan, The Law Offices of Shawn A. McMillan, A.P.C. | Attorney Advertising

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