Amarte USA Holdings, Inc. v. Kendo Holdings Inc.

I. BACKGROUND

26 Amarte manufactures, advertises, markets, promotes, distributes, and sells high-end 27 cosmetic and skin care products bearing the mark EYECONIC. Compl. ¶¶ 15, 16, 17. Amarte asserts that it has common law trademark rights and holds a registered trademark in the EYECONIC mark. Id. ¶¶ 15, 18, 19. The trademark registration for EYECONIC is as follows: “Class 03: eye cosmetics; eye creams,” Id. ¶ 19. Defendants allegedly use or have used an almost identical mark, EYE-CONIC, to advertise, market, promote, distribute, and sell their eye makeup palettes. Id. ¶¶ 18, 19. According to Amarte, Defendants’ use of the EYE-CONIC mark is likely to cause customer confusion about the source, association, affiliation, and sponsorship of Defendants’ makeup palettes, or to deceive customers into believing that Defendants’ makeup palettes originate from the same source as, or are otherwise affiliated with, Amarte’s products. Id. ¶¶ 33, 34. Amarte contends that this use constitutes federal and California common law trademark infringement of Amarte’s rights in its EYECONIC mark. Id. ¶¶ 20–36; 71–74. In addition, Amarte…