Smirti, Cannata & Misiti Secure Dismissal of Trade Dress and Trademark Infringement Lawsuit

March 10, 2017 | Insurance Coverage | Intellectual Property

Michael C. Cannata, Frank M. Misiti, and Stephen J. Smirti, Jr. successfully secured the dismissal of a hotly contested trade dress and trademark infringement lawsuit against the Firm’s client Sweaty Bands, LLC.  The lawsuit was filed in the U.S. District Court for the Southern District of New York by Sparkly Soul, Inc., a direct competitor in the sport and fitness headband industry.  Sparkly Soul claimed that Sweaty Bands copied Sparkly Soul’s trade dress in a particular headband design, infringed Sparkly Soul’s registered trademarks, and engaged in other acts of unfair competition.  Sweaty Bands, however, went on the offensive seeking a court order cancelling not only Sparkly Soul’s trade dress, but also Sparkly Soul’s registered trademarks.  Given the nature of the claims, together with the novel legal arguments advanced by the parties, the case was closely followed by media outlets, including, Law360.

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