Paris Hilton and Parlux Fragrances, LCC recently initiated a
trademark case against the International Perfume Palace (IPP), accusing IPP of
infringing Hilton's perfume and cosmetic line.
Hilton's lawsuit, filed in the Eastern District of New York,
is based on IPP's "Paris Paris" fragrance and cosmetics line.
According to the trademark complaint:
The Paris Paris fragrances and
beauty products sold by IPP are packaged and labeled in a style and manner
intentionally and confusingly similar to the PARIS HILTON products.
Specifically, the Paris Paris 3.4
oz. and .25 oz. fragrances feature the following characteristics which are
identical or confusingly similar to the PARIS HILTON trade dress: (i) a cylindrical
bottle in clear pink for the women's fragrance and clear blue for the men's,
both with a black wave design overlaid; and (ii) the name Paris Paris written
in black, lower case, and cursive font against a silver background on the 3.4
The trademark case also includes a claim for design patent
infringement. In the complaint, Parlux alleges:
The Parlux design patent covers
many of the famous ornamental features of the PARIS HILTON fragrance bottle,
such as the transparent cylindrical bottle and cap with a helical pattern
continuing around the surface of the bottle.
Defendant has misappropriated
Plaintiff Parlux's patented fragrance bottle design or a colorable imitation thereof
in the accused products, including the Paris Paris fragrance bottles.
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