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Fashion retailers engaged in trademark infringement lawsuit

Fab.com and JustFab have been entangled in a legal dispute over what is called a "confusingly similar name." JustFab filed a lawsuit during late October in U.S. Central District of California court requesting that Fab.com be prevented from marketing items that would directly compete with products sold by JustFab.

Fab.com has since filed a counterclaim alleging that JustFab's business practices were questionable. They claim that JustFab was guilty of using marketing practices that were confusing. Fab.com claims its trademark name was registered in 2006 prior to a trademark being received by JustFab. JustFab apparently already knew of the Fab.com name at that time and was not then seemingly concerned about any confusion.

Fab.com has been involved in a number of trademark infringement lawsuits in the past. However, Fab.com has in the past been the plaintiff rather than defendant in such a lawsuit.

That profits for marketing area are allocated fairly is a prime concern in infringement litigation. Fab.com and JustFab are targeting individuals to purchase fashions online. As Fab.com is a company valued at around $1 billion, its concerns over trademark infringement seem legitimate. Name recognition can mean more customer recognition. Yet when one name is confused with another, this can result in a loss of business for particular products, individuals and entertainers.

As these sorts of disputes are often complex, it's highly beneficial to speak to attorneys that understand all aspects of intellectual property and entertainment law. In certain circumstances negotiations can be made that will prevent these disputes from ending in litigation. In other circumstances, attorneys can represent their clients at trial.

Source: Tech Crunch, "Fab.com Files Counterclaim Against JustFab, Says JustFab Is A 'Predatory' Bargain Clothing Peddler," Catherine Shu, Nov. 1, 2013

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