Love v. Regency: Case File - 3rd Edition - Denitsa Mavrova Heinrich

Love v. Regency: Case File 3rd Edition Denitsa Mavrova Heinrich ISBN 9798886690217

For more than a decade, dermatologist Dr. Stanley Love has promoted his cosmetic surgery practice using the slogan “The Love Look.” During that same period, Regency Plastic Surgery—a New York City–based practice with locations nationwide—registered the service mark “The Look of Love” with the U.S. Patent and Trademark Office and incorporated the slogan into all of its marketing materials. The dispute arose approximately two years ago, when Regency opened a branch practice in Nita City, placing the two practices in direct geographic and commercial competition.

Dr. Love subsequently filed suit, alleging that Regency’s use of “The Look of Love” infringes upon his common-law trademark rights in “The Love Look.” Regency denies liability on several grounds. First, it argues that Dr. Love never acquired common-law trademark protection because the phrase “The Love Look” is merely descriptive and therefore incapable of trademark protection absent secondary meaning. Regency further contends that, even if the slogan is entitled to trademark protection, its own use does not create a likelihood of confusion and thus does not constitute infringement. Finally, Regency asserts that Dr. Love’s claims are barred by the doctrines of laches and the applicable statute of limitations.

This case presents students with a nuanced examination of trademark law, including the distinction between descriptive and protectable marks, the requirements for common-law trademark rights, likelihood of confusion analysis, and the application of equitable defenses.

New to the Third Edition:

• Updated financial reports prepared by expert witnesses

• Revised witness names to support gender-neutral treatment

• Updated and enhanced exhibits

Professors and students will benefit from:

• Instructional flexibility, allowing the case to be tried on liability alone or on both liability and damages

• Expert accounting reports updated to reflect current, real-world professional practices

Love v. Regency: Case File 3rd Edition Denitsa Mavrova Heinrich ISBN 9798886690217, 979-8886690217 & 9798886690224

Authors
Denitsa Mavrova Heinrich
Edward R. Stein