Elbee Pty Ltd. V. The Motherhood Collection, Inc. (D. Mass. 21-cv-10705).

  • April 29, 2021

Australian company Elbee accuses Canadian corporation The Motherhood Collection of federal and common law trademark infringement. Elbee says that it has used the mark DREAM BABY in connection with child safety products since December 2003. Elbee holds six federal registrations for the mark, covering a variety of child safety categories. Elbee claims that The Motherhood Connection adopted the same mark in connection with the sale via Amazon of a baby monitor marketed as “Dream Baby Monitor Pro.” The Motherhood Collective applied for and received a federal registration for DREAM BABY MONITOR PRO, which asserted a first use in commerce of November 3, 2019. Elbee says that it has received numerous complaints from purchasers of the baby monitor who believe the monitor to have originated from Elbee. While the complaint does not make reference to this, Elbee successfully petitioned for cancellation of the DREAM BABY MONITOR PRO mark, which was cancelled on January 26, 2021. Elbee asserts personal jurisdiction pursuant to R.R.C.P. 4(k)(2), which states that service of a summons establishes personal jurisdiction over an entity that is not subject to personal jurisdiction in any state, so long a claim is asserted that arises under federal law.

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