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The Fashion Exch. LLC v. Hybrid Promotions LLC

Trademark Infringement Claims Dismissed; Use of Marks Is Not Likely to Cause Confusion

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OPINION & ORDER Plaintiff The Fashion Exchange (“TFE”) and Defendants Hybrid Promotions, Jarrod Dogan, Gavin Dogan, Jeff Caldwell, (collectively, “defendants”) and 32 defendant retailers have cross-moved for summary judgment with respect to the issue of likelihood of confusion between plaintiff’s “HYBRID” and “HYBRID & COMPANY” marks (the “Asserted Marks”), and defendants’ “HYBRID,” “HYBRID TEES,” and “HYBRID APPAREL” marks (the “HYBRID Marks”). Because this Court finds that the use of defendants’ marks is not likely to cause confusion with plaintiff’s marks, plaintiff’s motion for summary judgment is denied and defendants’ motion is granted. I. BACKGROUND A. Facts Plaintiff The Fashion Exchange is a New York company founded by its former principal Jack Saadia. TFE asserts common law rights in the Asserted Marks through a series of New York companies owned, operated, and managed by Saadia and his brothers: Young Girl Inc., YG Designs, and USA Design. TFE also asserts its rights in the registered trademark HYBRID & COMPANY. Young Girl, YG Designs, and USA Design each allegedly sold apparel under the Asserted Marks prior to the founding of TFE in 2006, and as early as 1996. (Plaintiff’s Local Civil Rule 56.1 Statement of Undisputed Facts (“Pl.’s 56.1″)

1-12, ECF No. 427.) By 2008, TFE had issued an exclusive license to Fame Fashion House, Inc. (“Fame Fashion”) to manufacture, market, and sell apparel under the Asserted Marks. (Id.

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