California-based KLEAN Bath and Body is being accused of violating FBI’s CLEAN trademark and making products that visually resemble those in the CLEAN line.
Alleged trade dress infringement
The word CLEAN appears on the labels of products in the line, with unnaturally large spaces between the letters, according to FBI. The company claims this has been copied by KLEAN in its product design.
In the lawsuit, filed last week in United States District Court in the Southern District of New York, FBI claims KLEAN was aware of the existence of its trademark before it chose to use the name.
In addition, it claims the company is deliberately trying to deceive the public and trying to trade off the ‘goodwill’ associated with FBI’s CLEAN range.
As FBI alleges KLEAN’s products are inferior in quality, it says these acts have caused ‘irreparable harm’ and will continue to negatively affect their business unless stopped by the court.
The lawsuit asks the court to stop KLEAN from manufacturing and trading products under the KLEAN names, and to recall products from all distribution channels bearing the name.
In addition, FBI asks the court to award it damages although details of the amount were not disclosed.
CosmeticsDesign attempted to contact KLEAN Bath and Body but was unable to talk to anyone from the company before publication.