Bell Nunnally Senior Counsel Christian J. Cowart successfully obtained a temporary restraining order and a permanent injunction on a trademark in a lawsuit for Little & Gorgeous Inc., doing business as Wild & Gorgeous.
Little & Gorgeous is a women-owned business based in Canada that provides online retail services and sells transfer under the trademarks “Wild & Gorgeous” and “Wild & Gorgeous Transfers.”
In May, Wild & Gorgeous sued Wild & Wanted in the United States District Court for the Middle District of North Carolina for trademark infringement, unfair competition and false advertising and sought a temporary restraining order, a preliminary injunction and a permanent injunction. Wild & Gorgeous moved for a temporary restraining order on its claim for trademark infringement. Judge Schroeder held oral argument on May 23.
On May 24, Judge Schroeder granted a temporary restraining order on the ground that Wild & Gorgeous produced evidence to support a conclusion that the trademarks were valid and a likelihood of consumer confusion. Judge Schroeder provided over ten discrete reasons to support the finding that Defendants intentionally copied their marks to trade on its goodwill and already existing brand, including prior knowledge of the Wild & Gorgeous marks, deliberate copying of advertising campaigns, deliberate copying of overall commercial impression and encouraging other to use colorable imitations of the marks. Judge Schroeder set a hearing for June 6 for consideration of Wild & Gorgeous’s motion for preliminary injunction.
On June 5, Judge Schroeder granted the parties’ joint motion for consent judgment and permanent injunction. The permanent injunction prohibited Defendants from engaging in any false advertising, using any marks that use the word “Wild” or “Gorgeous,” and making any public statement about Wild & Gorgeous.
Little & Gorgeous Inc. v. Rachael Wayt, et al.,case number 1:24-CV-406 was heard by Judge Thomas D. Schroeder in the U.S. District Court for the Middle District of North Carolina.