Article: Incontestable Trademark Newsletter - October 2009.(Mary Kay Cosmetics Inc. in trademark infringement case with Amy Weber)(Case overview)

Civil Cases

Mary Kay, Inc. v. Weber, 2009 WL 3147888 (N.D. Tex. Sept. 29, 2009) By David M. Kelly

ABSTRACT A jury found that a reseller of expired MARY KAY cosmetic products infringed Mary Kay's trademark rights and awarded Mary Kay an accounting of the reseller's profits. The Northern District of Texas then awarded Mary Kay over $1.1 million in the seller's pretax profits and permanently enjoined many uses of Mary Kay's trademarks. However, the court refused to enjoin defendant from uses of the marks that did not imply sponsorship by or affiliation with plaintiff, including the sales of genuine, nonexpired Mary Kay products, provided the reseller ...

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