CustomizedGirl Receives Summary Judgment Victory in CustomGlamGirl Lawsuit

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On June 13, 2006, CustomizedGirl.com won summary judgment victory over all seven counts of CustomGlamGirl.com's lawsuit in the United States District Court for the Southern District of Indiana.

The U.S. District Court for the Southern District of Indiana granted summary judgment to ERetailing’s CustomizedGirl.com on June 13, rejecting all seven of E’Stephenie Inc.’s trademark infringement claims (E’Stephenie Inc. v. E Retailing Associates, LLC, et al. 1:04-cv-01235-LJM-WTL.) E’Stephenie Inc.’s claims ranged from unfair competition and copyright infringement to interference with prospective economic advantage and unjust enrichment, and were all rejected by the court as baseless.

The lawsuit arose from E’Stephenie Inc.’s assertion that its personalized female online clothing store, CustomGlamGirl.com was entitled to federal trademark protection laws, even though it failed to show any evidence of a registered trademark in the state of Indiana, nor in the federal system. E’Stephenie sued ERetailing for various trademark violations it falsely accused the company’s competing online store, CustomizedGirl.com of committing.

E’Stephenie’s suit was rejected in summary judgment by Judge Larry J. McKinney because it failed to provide any evidence to demonstrate how its use of the three exceedingly common and widely used terms, “custom,” “glam,” and “girl” held any secondary meaning in the collective consciousness of the public. Because it failed to show any evidence outside of its own assertions that its potential customer base associated those three common words specifically and exclusively with the company’s online store and products, E’Stephenie’s suit was ultimately rejected along with all of its other claims.

For additional information regarding CustomizedGirl.com or the lawsuit and subsequent summary judgment against E’Stephenie Inc. and its subsidiary, CustomGlamGirl.com, in favor of ERetailing and its subsidiary, CustomizedGirl.com, contact Joseph Thibault, President ERetailing by email or visit the store at http://www.CustomizedGirl.com.

ABOUT CustomizedGirl.com

CustomizedGirl.com continues to provide highly personalized t-shirts and apparel targeted, although not exclusively, at young, fashionable females. Its custom t-shirt design feature is a revolutionary function that allows the customer to create and test various designs and styles of tops, bottoms, underwear, and hats right from their home computer.

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Thomas Watson

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