- 3 -7.
Since as early as September 2002, Gloveables has marketed and sold distinctivegloves covered by the Design Patents and bearing the marks protected by U.S. Trademark Reg. Nos.3,821,656, and 3,913,054.8.
Gloveables also has other United States trademark registrations for other word anddesign trademarks including United States Trademark Registration Nos. 3,224,702 for LINDY-LOU’S, 3,575,373 for GLOVEABLES; 2,702,157 for GLOVEABLES … THEY’RE LOVEABLEand design.9.
Gloveables also has pending trademark applications for word and design trademarksincluding United States Trademark Application Serial Nos. 85/001071 for GLOVEABLES,85/369427 FOR GLOVEABLES THE GLOVE WITH A BOW and design, 85/277761 forGLOVEABLES, and 85/383596 for a glove design with a bow.10.
The product design, presentation and packaging of the distinctive gloves covered bythe Design Patents and bearing the marks protected by U.S. Trademark Reg. Nos. 3,821,656,4,024,193, 3,895,723 and 3,913,054 are valuable trade dress of Gloveables.11.
Since as early as 2002, Gloveables has established common law trademark and tradedress rights through use in commerce including customer recognition.12.
The Design Patents, trademarks, associated product designs and trade dress of Gloveables create a family of marks, product designs and trade dress (“Gloveables’ Product Rights”)under which Gloveables has marketed, promoted, sold and distributed products.
Uses and Unauthorized, Infringing Uses by Defendant
Before September 2005, Defendant began negotiating certain manufacturing anddistribution rights for products embodying Gloveables’ Product Rights.14.
During negotiations, Defendant made promises of production, distribution androyalties to induce Gloveables to enter into a license agreement.15.
Gloveables, Inc., and Grandway entered into a license agreement dated September 28,2005 to make and sell products embodying Gloveables’ Product Rights.
Case 2:11-cv-01098-BCW Document 2 Filed 12/01/11 Page 3 of 11