Moroccanoil, Inc. v. Perfumes World Com, Inc.

STATEMENT OF DECISION ON PLAINTIFF’S MOTION FOR PARTIAL SUMMARY JUDGMENT

On January 13, 2017, Plaintiff Morocca-noil, Inc. filed a Motion- for Partial Summary Judgment (Docket No. 28) seeking an adjudication that Moroccanoil Treatment Products sold by Defendant Perfumes World Com, Inc. (“Perfumes World Treatments”) infringe Moroccanoil, Inc.’s trademarks because they materially differ from the Moroccanoil Treatment Products authorized by Moroccanoil, Inc. for sale in the United States (“U.S. Moroccanoil Treatments”). On January 13, 2017, Defendant Perfumes World Com,' Inc. (“Perfumes World”) filed a Motion for Summary Judgment or, in the Alternative, for Summary Adjudication (“Motion for Summary Judgment”) seeking an adjudication that it is not liable for infringing Moroccanoil, Inc.’s trademarks. Having considered the parties’ written submissions, the Court GRANTS Moroccanoil, Inc.’s Motion for Partial Summary Judgment and DENIES Perfumes World’s Motion for Summary Judgment.

FACTUAL BACKGROUND

1. . Since 2007, Moroccanoil has distributed a product known as Moroccanoil Treatment, a hair care product featuring argan oil. (Combined Statement of Facts [“CSF”] 8) All Moroccanoil…