![]() 6000366, 5751634, 6337486, and 5666935 and to pass an order directing Defendant to deliver up for destruction all products bearing the infringing Defendant’s CALM Marks. Plaintiff further requested cancellation of the U.S. In their prayer for relief, Plaintiff requested Defendant and all persons in active participation in directly or indirectly using and/or representing Defendant’s CALM Marks, or any other mark, word, company name, trade name, brand name, or product name incorporating or confusingly similar to Plaintiff’s CALM Marks and from doing any other acts that is likely to cause confusion to preliminarily and permanently enjoined. The plaintiff presented six claims for relief, including claims for Defendant’s alleged federal trademark infringement pursuant to the Lanham Act, common law trademark infringement, and violation of Unlawful, Unfair, and Fraudulent Business Practices California Business & Professions Code § 17200. Defendant’s conduct has also deprived Calm Radio of value that rightfully belongs to it through loss of goodwill.” The plaintiff also alleged that “Defendant’s infringing use of Defendant’s CALM Marks has injured Calm Radio in its business and intellectual property and threatens to continue to irreparably injure Calm Radio unless enjoined by this Court. This is, therefore, a case of both forward and reverse confusion.” ![]() Given Defendant’s recent popularity, the public is likely to and has associated Plaintiff’s CALM Marks with Defendant, the junior mark user, rather than Calm Radio, the senior user of the marks. Plaintiff further alleged that “On information and belief, because of the COVID-19 pandemic and resulting worldwide anxiety amongst people, Defendant’s meditation app and services have skyrocketed in popularity and use. ![]() Subsequently, on information and belief, Defendant began also offering online music streaming services focused on meditation and relaxation under the CALM mark.” In the complaint, the plaintiff alleged that “On information and belief, in 2015, six years after Plaintiff began using its Calm Marks in commerce, Defendant began using the CALM mark in connection with meditation information and services. 5080280 for the word mark CALM RADIO in Class 9 for “Computer software for playing audio streaming transmissions of music that may be downloaded from a global computer network” owned by the plaintiff. Plaintiff filed this complaint for the alleged infringement of U.S. District Court for the Northern District of California. (“” or “Defendant”), seeking injunctive relief and damages along with pre and post judgment interest for the alleged infringement of the United States Trademark owned by Plaintiff. Golinveaux of Winston & Strawn LLP, filed an intellectual property lawsuit against, Inc. (“Plaintiff” or “Calm Radio”), represented by Jennifer A.
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