Lopez

ORDER DENYING PLAINTIFF’S MOTION FOR PARTIAL SUMMARY JUDGMENT

Plaintiff Glow Industries, Inc. (“Glow”) filed this action on August 7, 2002, alleging that the use by defendants Jennifer Lopez and Coty, Inc. of the mark Glow by J.Lo in marketing perfume and other beauty products constituted trademark infringement and unfair competition. Glow Industries alleges that it has marketed and sold beauty products under the mark Glow since 1999, and that it has filed an application to secure federal registration of the mark. Defendants answered the complaint on October 8, 2002; simultaneously, defendant Lopez asserted counterclaims for trademark infringement and unfair competition based on her recent acquisition of the mark Glow Kit. Plaintiff has now moved for summary judgment on Lopez’s counterclaims, asserting that the assignment of the Glow Kit mark to Lopez is invalid, and that there is no evidence of a likelihood of confusion between the Glow and Glow Kit marks.

I. FACTUAL BACKGROUND

A. The Glow Mark

Terry Williamson founded Glow Industries, Inc. in 1999, to design, produce, market and sell a brand-intensive fine of fragrance, bath and body care products under the trademark Glow.…