Gelmart Industries, Inc. v. Eveready Battery Co.

MEMORANDUM AND ORDER

CASTEL, District Judge.

Plaintiff Gelmart Industries, Inc. (“Gel-mart”) plans to sell and market a line of flesh-colored underwear using the trademark “Skintimates.” It has presented the product line to potential retail partners and applied to the United States Patent and Trademark Office (“USPTO”) for registration of the Skintimates word mark. Defendant Eveready Battery Company, Inc. (“Eveready”) sells and markets shaving-related products using a “Skintimate” word mark. When Eveready learned of Gelmart’s proposed Skintimates mark, it sent two cease-and-desist letters. It…