Lopez

ORDER DENYING PLAINTIFF’S MOTION FOR PRELIMINARY INJUNCTION

On August 7, 2002, plaintiff Glow Industries, Inc. (“Glow, Inc.”) filed this action against defendants Jennifer Lopez and Coty, Inc., alleging trademark infringement, trademark dilution, and federal, California statutory and common law unfair competition. Glow, Inc. has sold bath and body products under the mark Glow since 1999, and has filed an application for federal registration of the mark that it contends is in the final stages of approval. Glow, Inc. asserts that defendants have infringed the Glow mark by initiating national sales, promotion, and advertising of an eau de toilette, lotion, and shower gel under the name “Glow by J.Lo.” Glow, Inc. seeks a preliminary injunction restraining defendants from making further use of the Glow mark pending trial on the merits.

I. FACTUAL BACKGROUND

Plaintiff Glow Industries, Inc., a California corporation, first used the Glow mark in commerce on February 28, 1999, in connection with the sale of “fragrant bath and body products.” It applied for a federal trademark on Glow on April 29, 1999. Terry Williamson, the founder and President of Glow, Inc., states that she “named the…