Marilyn Miglin Model Makeup, Inc. v. Jovan, Inc.

224 U.S.P.Q. 178 (1984)

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Marilyn Miglin Model Makeup, Inc. v. Jovan, Inc.

United States District Court for the Northern District of Illinois
224 U.S.P.Q. 178 (1984)

SH

Facts

Marilyn Miglin Model Makeup, Inc. (Miglin) (plaintiff) created and sold a perfume under the registered mark Pheromone, which, according to Miglin, did not in fact contain pheromones. When Jovan, Inc. (defendant) introduced its Andron fragrance using the term “pheromone-based,” which did purport to contain pheromones, Miglin brought suit for trademark infringement and other related claims. The district court granted Jovan’s motion for summary judgment on all counts of the complaint. The remaining action on Jovan’s motion for summary judgment was its counterclaim, which sought a declaratory judgment that Miglin did not have a protectable interest in the name Pheromone and cancellation of Miglin’s federal trademark registration.

Rule of Law

Issue

Holding and Reasoning (McGarr, J.)

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