Bone McAllester Norton PLLC is pleased to announce the firm prevailed at trial in a trademark dispute for plaintiff Tanzy Clark, owner of Salon Mogulz, before the Tennessee Business Court.
The Court found Clark was the senior user of the trademark “Salon Mogulz” in connection with these services and that she successfully established likelihood of confusion. The Court permanently enjoined the defendant from using “Mogulz Barber & Lounge” or any confusingly similar mark for his business that incorporates the word “Mogul” in connection with hair services.
While the defendant tried to demonstrate his own senior use through the legal doctrine of tacking, to prove that he began using “Moguls of Nashville City Club” or “Moguls of Nashville” before Clark's use of “Salon Mogulz”, the Court concluded that his marks failed to create the same continuing commercial impression as his current mark, "Mogulz Barber & Lounge."
The BMN legal team was led by Stephen Zralek, a commercial litigator with a focus on intellectual property and business disputes, and litigation attorney Maria Campbell. A copy of the opinion is found here.