Leary v. Berkshire Group LLC (17-cv-11723).

Silvia Leary is the owner of a trademark registration on the stylized mark “VIA,” in which the “A” lacks the horizontal line, looking like an upside-down “V.” The identified goods and services are “fashion modelling for entertainment purposes.”  Ms. Leary alleges that she has a pending copyright application on the mark.  She uses the mark at her “Viasworld” website, where (among other things) she sells socks, t-shirts, and other merchandise.  Berkshire developed the “Via Seaport Residences” on Fan Pier in Boston, and apparently created some “VIA” merchandising in connection with the development.  Berkshire’s use has a similar “A” that lacks the horizontal line.  Ms. Leary alleges that Berkshire is using the same VIA mark on hats, glasses, t-shirts and other types of items, causing customer confusion.  She claims trademark and copyright infringement and unfair competition.  The case is before Judge Saris.

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