A federal court in New York has ordered the parties in trademark-infringement litigation involving the "Prada Candy" fragrance to submit a joint case-management plan and scheduling order by December 27, 2013, and will conduct an initial conference on January 3, 2014. Prada, S.A. v. Preferred Fragrance, Inc., No. 13-7371 (U.S. Dist. Ct., S.D.N.Y., order entered October 28, 2013).
According to the complaint, the defendants adopted "the nearly identical PARTY CANDY mark and trade dress for a competing knock-off perfume" that is likely to cause consumer confusion about the source of the defendants’ product. Prada claims that its distinctive trade dress includes (i) "a bold pink rectangular carton with black flaps"; (ii) "a cartoon silhouette of a fashionable young woman with long, light-colored hair, who is wearing high heels and a dark above-the-knee dress and kicking up one leg"; and (iii) "a rectangular gold-rimmed banner to showcase the famous PRADA CANDY trademark." The company contends that the Party Candy mark "is nearly identical to and is a colorable imitation of Plaintiff’s federal registered PRADA CANDY Mark."
Alleging violations of federal and state law, Prada requests injunctive relief, an accounting and compensatory, exemplary and punitive damages, as well as attorney’s fees, costs and interest.