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Good Clean Love Inc. is suing Gwyneth Paltrow\u2019s company that specializes in female and health hygiene products for allegedly selling products using a confusingly similar trademark and creating a likelihood of reverse confusion.<\/p>\n
GCL says it filed suit \u201cto prevent the calamitous situation where a junior trademark user, with substantial economic power, saturates the marketplace with a trademark that threatens to overtake a smaller senior user\u2019s mark and usurp the senior user\u2019s reputation and goodwill.\u201d<\/p>\n
GCL alleges Goop Inc\u2014which launched in 2008\u2014is intentionally using the \u201cGood. Clean. Goop\u201d mark in connection with several sexual health products to order to benefit from GCL\u2019s already established \u201cGood Clean Love\u201d trademark for similar products. Goop\u2019s allegedly infringing products include \u201cThe Pleasure Seeker Daily Chews,\u201d according to the complaint filed in the US District Court for the District of Oregon.<\/p>\n
Founded in 2003, GCL says it has spent over 20 years building its brand as a trusted provider of female sexual and hygiene products. GCL says it uses patented Bio-Match technology to develop its products and has used its marks for those products for over ten years.<\/p>\n
GCL alleges Goop sells multiple products using the \u201cGood. Clean. Goop\u201d mark that contain known harsh chemicals. GCL asserts that Goop\u2019s alleged infringement of its marks is likely to mislead consumers into believing that GCL\u2019s products also contain harmful substances.<\/p>\n
GCL also asserts that consumers are likely to believe Goop\u2019s product are clean when the aren\u2019t. By contrast, GCL asserts in the complaint that its marks have to come \u201csignify that a product is truly clean.\u201d<\/p>\n
GCL says it can\u2019t compete with Goop\u2019s market saturation and asserts that the alleged infringement threatens its ability to expand into other product lines. GCL also says Goop\u2019s allegedly infringing marks are confusingly similar in sound, appearance, and overall commercial impression because the two dominant terms are identical.<\/p>\n
\u201cThe use of the GOOP house mark does not negate the similarity between the marks, but aggravates it, because use of Goop may create reverse confusion by leading consumers to believe that Goop, not Good Clean Love, is the source of Good Clean Love\u2019s products,\u201d the complaint says.<\/p>\n
According to the complaint, Goop uses terms such as \u201cnaked\u201d which is similar to a GCL-owned trademark registration for \u201cAlmost Naked.\u201d GCL also alleges Goop\u2019s actions are likely to cause consumer confusion at major retailers including Amazon<\/a> and Target<\/a> as their products \u201cdirectly collide\u201d on top online search results.<\/p>\n GCL says Goop is aware of its alleged infringement because Goop once requested a sample of GCL\u2019s lubricant product to potentially sell via Goop\u2019s online marketplace.<\/p>\n GCL also says it sent a cease and desist letter to Goop regarding the \u201cconfusingly similar\u201d mark, and the next day, Goop \u201cbegan to flood the market with announcements\u201d of its products bearing its \u201cGood. Clean. Goop\u201d mark, the complaint says.<\/p>\n The complaint asserts five claims including federal claims for trademark infringement, false advertising, unfair competition, and similar claims under Oregon law.<\/p>\n GCL is seeking preliminary and permanent injunctions prohibiting the alleged infringementement, a court order requiring Goop to \u201cexpressly abandon\u201d its trademark application for \u201cGood. Clean. Goop,\u201d damages, attorneys\u2019 fees, and costs.<\/p>\n Goop didn\u2019t immediately respond to a request for comment.<\/p>\n Cozen O\u2019Connor represents GCL.<\/p>\n<\/div>\nSubscribe to the new Fortune CEO Weekly Europe newsletter to get corner office insights on the biggest business stories in Europe. Sign up<\/a> for free.<\/div>\n