Silvia Leary is the owner of a trademark registration on the stylized mark 201cVIA, 201d in which the 201cA 201d lacks the horizontal line, looking like an upside-down 201cV. 201d The identified goods and services are 201cfashion modelling for entertainment purposes. 201d Ms. Leary alleges that she has a pending copyright application on the mark. She uses the mark at her 201cViasworld 201d website, where (among other things) she sells socks, t-shirts, and other merchandise. Berkshire developed the 201cVia Seaport Residences 201d on Fan Pier in Boston, and apparently created some 201cVIA 201d merchandising in connection with the development. Berkshire 2019s use has a similar 201cA 201d that lacks the horizontal line. Ms. Leary alleges that Berkshire is using the same VIA mark on hats, glasses, t-shirts and other types of items, causing customer confusion. She claims trademark and copyright infringement and unfair competition. The case is before Judge Saris.
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