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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 Mark.
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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