Intellectual Property Law

Does ZOVA for Women's Apparel Infringe ZOVO for Lingerie?

By Michael Atkins

On March 7, Seattle-based Zovo Lingerie Co., LLC, filed a trademark infringement suit in the Western District against DHM Enterprises and Deanna Hodges, collectively doing business as Zova LA. At issue is whether defendants’ ZOVA and ZOVA LA trademarks are likely to confuse consumers with plaintiff’s registered ZOVO and ZOVO LINGERIE marks.

Also at issue is whose rights are senior. The complaint alleges that plaintiff sent defendants a cease-and-desist letter in November 2007, to which defendants responded by claiming they have senior rights because they first used ZOVA and ZOVA LA in 2001. Plaintiff’s complaint claims a trademark priority date of November 2004.

The case cite is Zovo Lingerie Co., LLC v. DMH Enterprises, Inc., No. 08-393 (W.D. Wash.).

Full post as published by Seattle Trademark Lawyer on March 12, 2008 (boomark / email).