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Legal fight over use of logo in settlement talks
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Posted on Jan 30 2020
The parties in a lawsuit over the alleged use of a company logo without permission by two other companies are looking at a potential settlement of the case.
The parties, through their counsels, informed the U.S. District Court for the NMI yesterday about their ongoing talks for a possible settlement.
Cong Nie is counsel for plaintiff Yoshitsu Co. Ltd. (YCT). Robert T. Torres is counsel for defendants American Create Beauty Corp., American American Dong Sheng Corp., and Weidong Guo.
Guo is the president and owner of both American Create and American Dong Sheng.
Nie and Torres asked the court yesterday to give the defendant more time to respond to YCT’s lawsuit because of their discussions for a possible settlement.
YCT is suing the defendants for trademark counterfeiting, trademark infringement, false designation of origin and fake descriptions and representations, unfair or deceptive trade act or practice, and trademark infringement.
YCT asked the court to hold American Create, American Dong Sheng, and Guo liable to pay up to $2 million for each trademark that they have counterfeited and/or infringed.
YCT asked the court to issue an injunction preventing American Create Beauty Corp., American Dong Sheng Corp., Guo, and co-defendants, and their agents from using the trademark in connection with any goods or services.
YCT has asked the court to stop the defendants from engaging in any course of conduct likely to cause confusion, deception, or mistake, or to injure YST’s business reputation.
The plaintiff has also asked the court to rule that the defendants have violated the Lanham Act and have engaged in unfair or deceptive acts or practices under the CNMI Consumer Protection Act, and have engaged in trademark infringement under the common law of the CNMI.
According to Nie in the complaint, YCT is the sole owner of a design trademark that read “Tokyo Seikatsukan” in Japanese and translates to “Tokyo Lifestyle Store” in English.
