Xtreme Lashes v Xtended Beauty

Outcome: FIfth Circuit reversal in favor of client, followed by favorable settlement

Description: My client, Xtreme Lashes, sells eyelash extensions under the name XTREME LASHES and with the tagline, EXTEND YOUR BEAUTY. Xtreme Lashes sued a competitor, Xtended Beauty, after it created a competing line of eyelash extensions using the name XTENDED BEAUTY. My client alleged that the competitor chose the name XTENDED BEAUTY to confuse customers into thinking it was their product, which is marketed with the slogan EXTEND YOUR BEAUTY. The district court granted summary judgment in favor of Xtended Beauty. The Fifth Circuit Court of Appeals, however, reversed the trial court and remanded the case to trial. After remand, the parties settled on terms favorable to my client. The defendant in the case no longer markets eyelash extensions under the name EXTENDED BEAUTY. link to story: http://today.msnbc.msn.com/id/32050288/ns/today-today_fashion_and_beauty/t/beauty-eyelash-beholder-court/ Link to opinion: http://iplaw.hllaw.com/uploads/file/87444.PDF