Topline’s getting into the spirit of suing. After settling with six of nine defendants in the infringement suit over its FLIRT trademark, Bellevue shoe maker The Topline Corp. has filed suit against another alleged infringer, this time over Topline’s REPORT trademarks. STL’s coverage of Topline’s suit against Flurt Footwear and others is available here.
Topline’s new suit, brought June 18 in the Western District against 4273371 Canada, Inc., and Modextil, Inc., jointly doing business as Report Collection, objects to the defendants’ alleged marketing and sale of a new line of women’s apparel under the marks REPORT and REPORT COLLECTION. Topline’s complaint states that defendants own a federal registration for the mark REPORT COLLECTION for men’s clothing and accessories, the application for which defendants allegedly filed after Topline’s first use of REPORT for women’s footwear.
Topline claims it has used REPORT, REPORT:, and REPORT SIGNATURE in connection with the marketing and sale of women’s footwear since as early as March 1993. It claims to own federal registrations for REPORT: for women’s shoes, REPORT for women’s and girls’ footwear, and ONE ON 1 BY REPORT for women’s and children’s fashion shoes.
Topline alleges defendants first introduced their women’s apparel line in the United States at a trade show in September 2006, and have only manufactured and sold a limited number of women’s goods in the U.S. under these marks. It also alleges that defendants have filed an opposition to Topline’s application for federal registration for the mark REPORT SEATTLE for women’s shoes.
Topline claims defendants’ use of the REPORT COLLECTION and REPORT marks in connection with the sale and marketing of women’s clothing and accessories is likely to cause confusion and thus infringes Topline’s trademarks.
Topline also has filed a motion for preliminary injunction. Defendants have not yet answered Topline’s complaint or responded to the motion.
The case cite is The Topline Corp. v. 4273371 Canada, Inc., No. 07-0938 (W.D. Wash).