Marcia Pellitteri v. Tangle Teezer, Ltd.
Opinion
Trial Court Opinion
I. INTRODUCTION
On January 31, 2023, Marcia Pellitteri (“Plaintiff”) filed a First Amended Complaint (“FAC”) Tangle Teezer, Ltd.: Tangle Teezer, Inc.; and the CEO of both entities, Shaun Pulfrey (collectively, “Defendants”: alleging several claims for trademark infringement. (ECF No. 16.) On February 14, 2023, Defendants asserted two counterclaims challenging the validity of Plaintiff's trademark. (ECF No. 19.) On June 21, 2023, the Court dismissed Tangle Teezer, Ltd. and Pulfrey from the action, leaving Tangle Teezer, Inc. (“Defendant”) as the only remaining defendant. Presently before the Court is Defendant’s unopposed Motion for Summary Judgment. For the following reasons, the Court GRANTS the Motion.
II. FACTUAL BACKGROUND
The following facts are undisputed unless otherwise noted: A. Trademark Registration and TTAB Proceedings On August 30, 2005, Direct Campaigns, Inc. registered “The Ultimate Everything Brush” for use with respect to electric hair straightening flat irons, electric hair curling irons, hair combs, and hair brushes under registration number 2,989,541 (the “’541 Mark’). (Federbush Decl., Ex. H, ECF No. 106- 18.) On January 1, 2007, Direct…