Lovely Skin, Inc. v. Ishtar Skin Care Products, LLC, No. 12-3631 (8th Cir. 2014)
Annotate this CaseLovely Skin filed suit against Ishtar, alleging four counts of trademark infringement and false designation of origin under the Lanham Act, 15 U.S.C. 1127, and common law unfair competition and injury to business reputation in violation of Nebraska law. Ishtar counterclaimed, seeking cancellation of the registrations of Lovely Skin's two trademarks. The court concluded that Ishtar did not demonstrate that Lovely Skin's trademarks were not registrable because they lacked acquired distinctiveness at the time of their registrations. Therefore, the court reversed the district court's judgment canceling the registrations of LOVELYSKIN and LOVELYSKIN.COM. The court also concluded that the district court did not commit clear error in considering all of the SquirtCo v. Seven-Up Company factors and determining that no likelihood of confusion existed between Lovely Skin's trademarks and Ishtar's website. Therefore, the court affirmed the district court's judgment for Ishtar on all four counts.
Court Description: Civil case - Trademarks. The district court erred in canceling two of plaintiff's trademark registrations on the ground defendant had demonstrated that they lacked acquired distinctiveness at the time they were registered as defendant's evidence was insufficient to overcome the strong presumption that the marks were valid and was insufficient to establish a prima facie case of invalidity; district court did not err in granting judgment for defendant on plaintiff's claims for trademark infringement, false designation of origin, unfair competition and deceptive trade practices as plaintiff failed to demonstrate a likelihood of confusion between Lovely Skin's trademarks and livelyskin.com, defendant's website.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.