Vitaminsea LLC v. BeautyMark.International, LLC (D. Me. 20-cv-00284).

Vitaminsea accuses BeautyMark of infringing its federally-registered VITAMINSEA trademark.  Vitaminsea manufactures bath and beauty products that utilize seaweed as a key ingredient, and has used the VITAMINSEA mark on such goods continuously since 2011.  BeautyMark  also makes beauty products containing seaweed, and at some point adopted VITAMINSEA.BEAUTY as a mark.  BeautyMark sought to register this mark in 2018, but abandoned the application after receiving a rejection over Vitaminsea’s mark.  Vitaminsea asserts that BeautyMark nevertheless continues to use the mark on similar products that are sold through similar channels of trade, including via Amazon and brick-and-mortar stores.  Vitaminsea points to instances of actual confusion, where consumers contacted Vitaminsea looking for assistance with BeautyMark products.  Vitaminsea also asserts unfair competition under the Lanham Act.

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