Injunction Denied in Suit Over ‘Mystic Tan Experience’ Trademark

A trademark holder was rightly denied a preliminary injunction in its Lanham Act suit against a competitor, because it didn’t properly plead that consumers would be confused by the use of a competitor’s tanning solution in its tanning booths, the Sixth Circuit said.

Sunless Inc. sells tanning booths and spray tan solution under the “Mystic Tan” trademark. It claims that applying its solution in its booths creates the “Mystic Tan Experience.”

Sunless’ tanning booths and solutions use bar codes to prevent salons from using other solutions.

Palm Beach Inc. operates a chain of tanning salons that use Sunless products. But ...