PMG Resources LLC v. Martinez et al. (19-cv-11771).

  • August 20, 2019

Plum Island Soap Co. filed a lawsuit involving its 201cTHE MAN CAN 201d trademark and trade dress, the second such suit over the past two years. Plum Island Soap has sold packages of men 2019s toiletries in a paint can, 201cThe Man Can, 201d since 2004, and it has already obtained injunctive relief relating to the now-registered mark and trade dress in a 2013 decision. Plum Island Soap alleges that Duke Cannon sells sets of men 2019s toiletries in identical paint cans, under the names 201cThe Handsome Man Grooming Can 201d and 201cThe Dapper Gentleman 2019s Grooming Can. 201d Plum Island Soap urges federal and common law trademark and trade dress infringement, unjust enrichment, injury to business reputation, and violation of C. 93A, although proving that the infringing acts occurred primarily and substantially within the state may be difficult, given that Duke Cannon is a Delaware company whose connection with Massachusetts appears to be the operation of a generally-available website.

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