Cupcake Company v. Fashionistas in Federal Court.

CHICAGO, June 11, 2009 -- Chicagoland's gourmet cupcake producer More Cupcakes, LLC brought a federal trademark action against multiple New York defendants producing clothing under the LOVEMORE brand.

Plaintiff More Cupcakes, LLC sells "savory and sweet" gourmet cupcakes under the MORE and MORE CUPCAKES trademarks and names and also under trademarks which play on its MORE name, including MOREsels (for small cupcakes), FOREVER MORE CUPCAKES, BACK FOR MORE, VOTE MORE, GIVE MORE, LOVE MORE, and several others. Their web site is located at www.morecupcakes.com

Complicating matters is the fact More Cupcakes, LLC has also produced T-shirts with the mark LOVE MORE in an effort to promote their baked goods. The application was originally filed as an intent-to-use application on May 15, 2008 before obtaining registered status on June 2, 2009.

Lovemore, LLC was organized in the state of New York on July 2, 2008. Their website is at www.chooselovemore.com.

Named as defendants are Lovemore, LLC and its two primary members, sisters Angela and Andrea Crossman. According to the complaint, the defendants have "implemented a “LOVEMORE” line of clothing including T-shirts and other products."

The primary purpose of trademark infringement laws is to prevent consumer confusion regarding the source of goods and services. The first party to use a trademark may prohibit other parties from using a mark subsequently in connection with similar goods or services if it so resembles the original mark as to cause confusion. If the later mark is so similar, it is deemed to infringe on the prior mark.

An issue in the case may be the close timing of Lovemore, LLC's organization and whether More Cupcake LLC's intent-to-use application for LOVE MORE in connection with T-shirts was sufficient notice.

When a court finds a defendant intentionally counterfeited a registered trademark, the court must under the Lanham Act, enter judgment for three times the greater of the counterfeiters' profits or the plaintiff's damages together with a reasonable attorney’s fee unless the Plaintiff elects for statutory damages up to $1,000,000 per counterfeit mark per type of goods or services.

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