Case: Trademarks/Pleadings (S.D. Fla.)

Pharmaceutical and dermo-cosmetics manufacturer Pierre Fabre Dermo-Cosmetique USA Inc’s motion to dismiss online retailer of cosmetic and beauty care products Verbena Products LLC’s trademark infringement and unfair competition action was granted in part and denied in part by a federal district court in Florida. Pierre Fabre sent a notice to eBay accusing Verbena, which does business as Beautyvice, of selling counterfeit products, and, as a result, eBay removed Beautyvice’s listings, which Beautyvice claimed to have lawfully purchased and re-sold. Beautyvice sought a declaratory judgment that it didn’t violate Pierre Fabre’s trademark rights. The court held that Beautyvice failed to allege ...