Did you know?:Trademark Infringement

Beyoncé launched a trademark infringement lawsuit against an online company selling “Feyonce” apparel, claiming the company’s engagement celebration merchandise is capitalizing on her name and famous “put a ring on it” line.

The case is Knowles-Carter et al. v. MAURICE et al., case number 1:16-cv-02532, in the U.S. District Court for the Southern District of New York.

Bill Donahue, Beyonce Sues Over ‘Feyonce‘ Apparel Line, LEXIS Law 360 (ed. Rebecca Flanagan 2016).

New York law provides:

N.Y. Gen. Bus. Law § 360-l provides for recovery where a plaintiff owns a distinctive mark and there is a likelihood of dilution to that mark. Dilution may occur through either “tarnishment” or “blurring,” and liability does not depend upon proof of either a likelihood of confusion or even competition between the parties.

It is an axiomatic principle of trademark law that injunctive relief is appropriate where two parties’ marks are deemed to be confusingly similar, even where the services provided by the parties are not identical.

Patsy’s Italian Rest., Inc. v. Banas, 575 F. Supp. 2d 427, 433 (E.D.N.Y. 2008)

“. . .Trademark law’s fundamental purpose is to not only “encourage investments in strong trademarks, but also ‘to protect the ability of consumers to distinguish among competing producers.'”

Malletier v. Burlington Coat Factory Warehouse Corp., 426 F.3d 532, 539 (2d Cir. 2005) (quoting Park ‘N Fly, Inc. v. Dollar Park & Fly, Inc., 469 U.S. 189, 198, 105 S. Ct. 658, 83 L. Ed. 2d 582 (1985)) (emphasis added).

Guardian Article about the lawsuit.

Feyonce Shop that I believe is the company involved in the suit where you can view some of the products I believe are in question