Willa v. Wella

“This case involves a classic case of trademark bullying,” says Willagirl, LLC in its lawsuit against the Wella Corporation. Willagirl, a startup company created by Christy Prunier and named after her daughter Willa, markets a line of tween-oriented skin, bath, and haircare products under several Willa marks registered with the USPTO. The Wella Corporation, whose parent company is Procter & Gamble, says the Willa marks infringe its own Wella mark for hair products.  Wella told Willa to stop using the marks. Willa refused and then sued Wella in the Southern District of New York, seeking a declaratory judgment that its marks are non-infringing. There have been a good number of disputes in the past involving corporations and parents who name a new enterprise or a product after their children. This case is unusual because it involves a preemptive strike against a disgruntled goliath. The docket sheet for the case, which is assigned to Judge Jed Rakoff, shows that motions for summary judgment are pending. It seems very likely that a settlement is in the works because trademark litigation will be very expensive, and risky, for both sides. Stay tuned.

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