COLUR WORLD, LLC v. Schneider Medical Industries

BACKGROUND

Colur World is a company which sells pink nitrile gloves for medical and dental use. Compl. ¶ 8, ECF No. 1. It is “the exclusive owner of all right, title and interest in and to a trademark” of (1) the pink color used on the gloves, and (2) the wordmark “PINK NITRILE.” Id. Colur World has sold these pink nitrile gloves since 2005. Id. ¶ 11. And since 2007, it has licensed the right to use its color and wordmark to manufacturers and distributors. Id. ¶ 12. Colur World alleges SMI, a disposable gloves manufacturer, has unlawfully adopted Colur World’s color and wordmark to sell its own pink nitrile gloves. Id. ¶¶ 20-24. SMI sells the gloves through its website and other distributor websites such as Amazon.com. Id. ¶¶ 22, 24. Colur World never consented to SMI doing so. Id. ¶ 25. On February 16, 2024, Colur World sent a cease-and-desist letter to SMI regarding its sale of the infringing products. Id. ¶ 28. Colur World sent an additional letter on March 4, 2024. Id. ¶ 29. But SMI continued to sell the pink gloves. Id. ¶ 30. On April 11, 2024, Colur World filed a six-count complaint against SMI, claiming trademark infringement (Counts I, III, and V), unfair competition…