Amarte USA Holdings, Inc. v. Kendo Holdings Inc.

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA 7 AMARTE USA HOLDINGS, INC., Case No. 22-cv-08958-CRB

Plaintiff,

ORDER GRANTING

v.

DEFENDANTS’ MOTION FOR

SUMMARY JUDGMENT AND

KENDO HOLDINGS INC., et al., DENYING PLAINTIFF’S MOTION

FOR SUMMARY JUDGMENT

Defendants.

Plaintiff Amarte USA Holdings, Inc. (“Plaintiff”) sells high-end skin care, including the EYECONIC eye cream, for which it holds a registered trademark. Defendants1 are the manufacturer and retailers of the MARC JACOBS BEAUTY EYE-CONIC (“MJB EYE- CONIC”) eye shadow. Alleging a likelihood of confusion between the two marks, Plaintiff sued Defendants for trademark infringement under federal and state law. Plaintiff and Defendants now both move for summary judgment. Because there is no likelihood of confusion between Defendants’ MJB EYE- CONIC mark and Plaintiff’s EYECONIC mark, the Court GRANTS Defendants’ motion and DENIES Plaintiff’s motion. I. BACKGROUND A. Plaintiff’s EYECONIC Eye Cream …