West Case Update

Confusion Unlikely Between Marks, So Both Allowed to Stand

Description Court denied a request by the owner of the trademark, "Origins," to prohibit the use of "Natural Origins." The first trademark, while strong, is used on cosmetics and looks quite different from the other trademark, which is used on women's clothing. There is no likelihood of consumer confusion.

Topic Intellectual Property

Key Words Trademarks; Infringement

C A S E S U M M A R Y

Facts Origins Natural Resources owns the trademark "Origins." It has been used on a few clothing items over the years, but is largely used on a successful line of cosmetics that are sold nationally. Origins filed for an injunction barring Kotler from using the trademark "Natural Origins" on a line of upscale women's clothing, contending that it was infringement and diluted the value of the "Origins" trademark.

Decision
Injunction denied. Origins is a relatively strong mark that is suggestive. However, consumers are unlikely to be confused between Origins and Natural Origins. The product lines, cosmetics and women's clothing, are distinct, and the marks are different. The script used on the marks are quite different, further distinguishing them from each other. Origins is a common word in English, so Origins cannot have complete control of the term.

Citation Origins Natural Resources, Inc. v. Kotler, 2001 WL 492429 (S.D. N.Y., 2001)

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Confusion Unlikely Between Marks, So Both Allowed to Stand
Description	Court denied a request by the owner of the trademark, "Origins," to prohibit the use of "Natural Origins." The first trademark, while strong, is used on cosmetics and looks quite different from the other trademark, which is used on women's clothing. There is no likelihood of consumer confusion.
Topic	Intellectual Property
Key Words	Trademarks; Infringement
C A S E S U M M A R Y
Facts	Origins Natural Resources owns the trademark "Origins." It has been used on a few clothing items over the years, but is largely used on a successful line of cosmetics that are sold nationally. Origins filed for an injunction barring Kotler from using the trademark "Natural Origins" on a line of upscale women's clothing, contending that it was infringement and diluted the value of the "Origins" trademark.
Decision	Injunction denied. Origins is a relatively strong mark that is suggestive. However, consumers are unlikely to be confused between Origins and Natural Origins. The product lines, cosmetics and women's clothing, are distinct, and the marks are different. The script used on the marks are quite different, further distinguishing them from each other. Origins is a common word in English, so Origins cannot have complete control of the term.
Citation	Origins Natural Resources, Inc. v. Kotler, 2001 WL 492429 (S.D. N.Y., 2001)