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LOUISIANA RECORD

Friday, March 29, 2024

Las Vegas entities accused of wrongfully using Chalk Paint mark

Trademark 08

NEW ORLEANS – The owner of the Chalk Paint mark and its licensed distributor in Kenner claim two Las Vegas entities are unlawfully using the mark.

Jolie Design & Décor Inc. and Annie Sloan Interiors LTD filed a complaint on May 18 in the U.S. District Court for the Eastern District of Louisiana against BB Frosch LLC, The JKKJKK Trust, Jason Smith and Kristin Smith alleging trademark infringement and other counts.

According to the complaint, Jolie Design & Décor Inc. is the registered owner of Chalk Paint trademark and Annie Sloan is a license distributor. As a result of defendants' purported actions, the plaintiffs allege that they have suffered irreparable injury to their business reputation and trademark dilution. 

The plaintiffs hold BB Frosch LLC, The JKKJKK Trust, Jason Smith and Kristin Smith responsible because the defendants allegedly offered their paint powder for sale under the infringing designation Chalk Paint Powder.

The plaintiffs seek preliminary and permanent injunction against continued use of Chalk Paint trademark, monetary award for plaintiffs’ damages, costs, expenses and attorneys’ fees and all further relief as the court may deem just and proper. They are represented by Raymond G. Areaux, J. Matthew Miller III and Theodore S. Owers III of Carver, Darden, Koretzky, Tessier, Finn, Blossman & Areaux LLC in New Orleans.

U.S. District Court for the Eastern District of Louisiana Case number 2:17-cv-05052

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