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: Seattle Trademark LawyerPinkberry Sues Yoberry for Federal Trademark Infringement
By Michael Atkins
In September, the Pinkberry, Inc., chain of frozen yogurt shops filed a trademark infringement suit in the Western District against the Seattle-based Yoberry, Inc., frozen yogurt shop.
The common BERRY element in the parties’ word marks does not seem terribly distinctive in light of the complaint’s recognition that both parties sell frozen yogurt with toppings that include fresh fruit.
The complaint also alleges that Yoberry’s design mark is confusingly similar with Pinkberry’s design mark.
Yoberry has not yet filed an answer.
The case cite is Pinkberry, Inc. v. Yoberry, Inc., No. 08-1360 (W.D. Wash.).
Photo credits: Pinkberry.com and Yelp.comFull post as published by Seattle Trademark Lawyer on October 07, 2008 (boomark / email).
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