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The Worth Collection, which sells clothing, jewelry and
fashion accessories, recently filed suit against a Florida business that sells
jewelry and fashion accessories under the mark and trade name "The Worth
Collection." According to the complaint, the defendants (WCPB) also operate a
website at the domain name www.theworthcollection.com.
The Worth Collection has been doing business under the trade
names "The Worth Collection" and "Worth" and using its registered Worth marks
on clothing, jewelry and accessories since 1991. The Worth marks all share the
common element Worth, which serves to create a family of marks owned by The
Worth Collection. The Worth Collection also owns the following websites; www.worthny.com,
www.worthcollection.com, www.worthnewyork.com and www.wbyworth.com. During the past twelve months,
consumers collectively visited these sites over 1.7 million times.
According to the complaint:
Notwithstanding the fact that all
the Defendants are on actual notice of The Worth Collection's exclusive rights
in the WORTH Marks for clothing, jewelry and fashion accessories, Defendants
have nevertheless continued to advertise and offer for sale jewelry and fashion
accessories - products that are identical, and/or closely related to those sold
by The Worth Collection under its WORTH Marks - under Defendants' Infringing
In connection with such sales,
Defendants are marketing, advertising and promoting their line of jewelry and
fashion accessories under Defendants' Infringing Mark at the WCPB Domain Name,
which is accessible to consumers in the United States.
Defendants are targeting the very
consumers who are familiar with and who are customers of The Worth Collection.
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