DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
123631P.pdf 03/13/2014 Lovely Skin, Inc. v. Ishtar Skin Care Products, LLC
U.S. Court of Appeals Case No: 12-3631
U.S. District Court for the District of Nebraska - Omaha
[PUBLISHED] [Gruender, Author, with Wollman and Colloton, Circuit Judges]
Civil case - Trademarks. The district court erred in canceling two of
plaintiff's trademark registrations on the ground defendant had
demonstrated that they lacked acquired distinctiveness at the time they
were registered as defendant's evidence was insufficient to overcome the
strong presumption that the marks were valid and was insufficient to
establish a prima facie case of invalidity; district court did not err in
granting judgment for defendant on plaintiff's claims for trademark
infringement, false designation of origin, unfair competition and
deceptive trade practices as plaintiff failed to demonstrate a likelihood
of confusion between Lovely Skin's trademarks and livelyskin.com,
defendant's website.