Lovely Skin vs Ishtar

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Lovely Skin’s trademarks are not distinctive of the goods/services

Ishtar argued that Lovely Skin’s trademarks had not acquired distinctiveness of the goods/services they represent because they were not used in an exclusive manner. Lovely Skin countered by presenting evidence of extensive advertising expenditures and sales growth. But the evidence presented by Ishtar was insufficient to overcome the strong presumption of validity of Lovely Skin’s registrations.

Ishtar’s use of the mark is not a willful infringement

A company cannot sue for willful infringement without the proof of intent laser hair removal near me. In order to establish that a company’s conduct was malicious, the plaintiff must prove that the company intended to cause confusion or mislead the public. To prove this, the plaintiff must show that the defendant intended to confuse potential customers, and the infringement must cause actual confusion.

Ishtar is entitled to disgorgement of profits

A trademark holder must take a variety of special considerations when litigating the disgorgement of profits theory. For example, a trademark holder should carefully consider whether the defendant’s actions were intentional, resulting in the infringement of the plaintiff’s trademark. A trademark holder may also consider relevant factors, which a court must consider when evaluating disgorgement of profits.

Ishtar’s intent to infringe is not a willful infringement

Although Ishtar has not submitted evidence that demonstrates her intent to infringe the trademarks, she has nonetheless asserted that her advertising violated the trademarks. To be successful, Lovely Skin must prove that Ishtar had the intention to confuse the public. The alleged infringement must have resulted in actual confusion for the public.

Willfulness is a legal standard for determining whether an act is infringed. To be considered willful, an individual must be either aware of or recklessly disregard the copyright in question. In this case, the plaintiff argues that her website owner Kraig Kast was contributorily liable for $450,000 in damages for three copyrighted photos uploaded to his website. The trial court instructed the jury to consider the defendant’s “should have known” knowledge of the copyright before he uploaded the photos.