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Thursday, May 2, 2024

Monroe-based baby products company sues Austrian competitor for alleged trademark infringement

Federal Court
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Attorney Michael L. DuBos of Breithaupt, DuBos, & Wolleson | Breithaupt, DuBos, & Wolleson

MONROE – A Louisiana-based baby products company has filed a lawsuit against an Austrian competitor for trademark infringement.

Plaintiff Luv n’ care filed a federal lawsuit against MAM Babyartikel, GmbH (MAM-AT) citing trademark infringement, unfair competition and trademark cancellation.

According to court documents, LNC is a designer and seller of baby products based in Monroe. It claims it has had a continuous and widespread use of the "SKIN SOFT" trademark on items like bottles, nipples, and teethers since 2012. 

LNC contends that MAM-AT unlawfully copied LNC’s SKIN SOFT mark and registered it in the United States and globally in 2015. The lawsuit challenges the decision of the Trademark Trial and Appeal Board, which rejected LNC’s claim to priority and declined to cancel MAM-AT’s trademark registration on September 15, 2023. The lawsuit claims MAM-AT's registration should be canceled, saying LNC holds priority rights due to its first use of the SKIN SOFT mark in 2012. The complaint claims MAM-AT's mark is identical to LNC’s, covering similar baby products sold through comparable trade channels.

LNC is seeking a court order canceling MAM-AT’s registration, along with damages for attorney fees, court costs and other relief. 

The plaintiff is being represented by Michael L. DuBos and Adam R. Karamanis of Breithaupt DuBos & Wolleson and Robert M. Chiaviello Jr. and Hartwell P. Morse III in Monroe.

U.S. District Court for the Western District of Louisiana Monroe Division case number 3:23-cv-01620

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