Bliss Salon Day Spa v. Bliss World LLC
263 F.3d 494 (7th Cir. 2001)
Our client, the owner of the service mark BLISS for a famous New York spa, was sued by an Illinois salon, which claimed to have begun using the BLISS mark for similar services prior to our client's first use. The plaintiff sought a preliminary injunction to stop our client from opening in Illinois and selling its products there. The court denied the motion on the grounds that plaintiff's marks were merely descriptive and had not acquired secondary meaning, and the Court of Appeals affirmed. This was named one of the Ten Favorite Trademark Cases of the year by IP Worldwide and law.com.
To discuss how we can help your organization, please contact your primary Fross Zelnick attorney or send an email with your questions. One of our partners will ensure that your inquiry receives a prompt response.