OffWhite Productions LLC v. Off-White LLC

Consumer Confusion Unlikely Where Firms 'Missions' Divergent, Markets Different

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OPINION & ORDER Plaintiff OffWhite Productions, LLC, d/b/a OffWhite Co. (“OffWhite”), brings this action against defendant Off-White, LLC (“Off-White”) for infringement of its registered trademark OFFWHITE CO.®, which OffWhite uses “in connection with its marketing, product design and related services.” Dkt. 30 (“Amended Complaint” or “AC”) 1. OffWhite brings three claims: for trademark infringement in violation of 15 U.S.C. §1114(1), false designation of origin and false description in violation of 15 U.S.C. §1125(a)(1)(A), and common law unfair competition under New York law.¹ Pending now is Off-White’s motion under Federal Rule of Civil Procedure 12(b)(6) to dismiss the AC for failure to state a claim. For the following reasons, the Court grants the motion and dismisses the AC in its entirety. I. Background A. Facts² 1. The Parties Plaintiff OffWhite is incorporated in New Jersey, with its principal place of business in New York, New York. AC 4. OffWhite “provides wholistic [sic] creative solutions to creators of new goods and services integrating innovative marketing, advertising, and other business approaches to product and brand development.” Id. 9. “[A] key aspect of plaintiff’s marketing and product design and branding solutions is to aid in the distribution of huge volumes of original content on digital social publishing platforms.” Id. 10. The company has done business as “OffWhite” “since at least July of 2001.” Id. 11. To market its own business-to-business marketing and branding services to potential customers, OffWhite maintains a website, www.offwhitedesign.com; a Twitter account, @offwhitedesign; and a social media presence on Facebook, Instagram, and Behance. Id.

11-12. OffWhite has also “widely promoted” itself through “online display and advertising campaigns across a variety of Internet and mobile platforms,” resulting in “many thousands of viewer impressions on its” website. Id.

OffWhite Productions LLC v. Off-White LLC

Consumer Confusion Unlikely Where Firms 'Missions' Divergent, Markets Different

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