Trade dress infringement?
Topics Entertainment’s (left) and Rosetta Stone’s packaging
On Oct. 5, Renton, Wash.-based Topics Entertainment, Inc., filed suit in the Western District against Rosetta Stone, Ltd., seeking a declaratory judgment that the packaging of its INSTANT IMMERSION-branded language learning software does not infringe Rosetta Stone’s trademark or trade dress rights.
The complaint requests a judgment “declaring that Topics’ use of the color yellow, black font lettering, small blue icons, and pictures of smiling individuals is proper and not in violation of any rights held by Rosetta,” and that “Rosetta has no trademark or trade dress rights to the color yellow, black lettering, small blue icons, or pictures of smiling individuals.”
The complaint also prays for a judgment “declaring that Topics’ use of the phrase ‘As effective as Rosetta Stone for a fraction of the cost!’ does not constitute actionable false advertising.”
The complaint alleges an actual controversy exists because Rosetta Stone sent cease-and-desist letters threatening “alternative measures” to settlement if Topics did not comply with its demands.
Rosetta Stone has not yet answered Topics’ complaint.
The case cite is Topics Entertainment, Inc. v. Rosetta Stone, Ltd., No. 09-1408 (W.D. Wash.).