North Carolina Business Litigation Report

Windsor Jewelers, Inc. v. Windsor Fine Jewelers, LLC, November 19, 2008 (Diaz)(unpublished)

The Court entered a Temporary Restraining Order in a dispute between jewelers with similar trademarks.  Plaintiff holds a North Carolina state trademark registration for Windsor Jewelers, Inc., and was seeking to enjoin Defendant from using the name Windsor Fine Jewelers.

The TRO says that:

Defendants' intent to confuse the consuming public is clear, as (notwithstanding that they have used the name Windsor Jewelers in Georgia and South Carolina) they were aware of Plaintiff's trademark registration in North Carolina when they selected Windsor Fine Jewelers as the name for their NC based stores, and indeed, attempted to purchase the Plaintiff's business and mark before announcing that they intended to change the name of their NC-based stores to Windsor Fine Jewelers.

Op. ¶3.  The TRO enjoined Defendants from use of the Windsor name in North Carolina, and also calls for all advertising materials which use the Windsor name in association with Defendants' Charlotte stores to be destroyed.

The Order itself is very short, so you'll have to look at the Briefs (linked below), to get the full flavor of the issues in the case.

Temporary Restraining Order

Brief in Support of Motion for TRO

Brief in Opposition to Motion for TRO

 

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Mack Sperling
Brooks Pierce, LLP
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