Uniqlo Must Face Lawsuit Over ‘Googly Eye’ Apparel Trademark

Retailers including Uniqlo USA LLC failed to escape a lawsuit over their allegedly infringing use of a “googly eye” trademark.

It’s too early in the proceedings to evaluate how generic Googly Eye Cru LLC’s trademark—a cartoon rendition of crossed eyes—is, and the likelihood of confusion test “modestly” favors Googly Eye Cru, Judge Victor Marrero said in an opinion filed Tuesday in the US District Court for the Southern District of New York.

“While variations of cartoon eyeballs are certainly widely used on various products, on the record before the Court it is premature to determine whether Googly Eye Cru’s Marks ...