Norris McLaughlin & Marcus Wins Preliminary Injunction In Trademark Case For COINTREAU

Tuesday, October 23, 2012 - 15:54


In an important ruling by a federal judge in Dallas, Texas, Cointreau Corporation, owner of rights in the famous “COINTREAU” trademark for orange liqueur, has succeeded in its request for a preliminary injunction prohibiting the sale of a competing orange liqueur product sold under the trademark “CONTROY.” Cointreau Corporation, represented by Norris, McLaughlin & Marcus, P.A., was able to convince the court that Cointreau was likely to succeed in showing that the use of the trademark Controy, on a product manufactured by Mexico's La Madrilena S.A. de C.V. and distributed in the United States by Pura Vida Tequila Company, LLC, dilutes Cointreau's rights in its famous brand by blurring its distinctiveness, based on the close similarity of the two marks. The injunction bars the defendants from importing into, or selling, any orange liqueur in the United States under the “CONTROY” name. In so ruling, the Court noted “In this case, damage to the goodwill and selling power associated with the Cointreau Marks would be difficult if not impossible to calculate in monetary terms. Cointreau Corp. has thus shown a substantial threat that it will suffer irreparable injury in the absence of an injunction.”

The case was handled by Bruce S. Londa and Jeanne Hamburg, members of the firm and of the Intellectual Property Group, and Danielle M. DeFilippis, an associate with the firm and member of the Litigation Department, all practicing out of the New York office of the Bridgewater, NJ-based law firm.