April 6, 2012

Australian Gold Seeks Declaration of Non-Infringement Against Ruelala, Inc. for Use of RUE LA LA Mark

Indianapolis, IN - Trademark attorneys for Australian Gold, LLC of Indianapolis, Indiana filed a lawsuit in the Southern District of Indiana against Ruelala Incorporated of Boston, Massachusetts seeking a declaration of non-infringement of the trademark RUE LA LA. Ruelala has registered trademark no. 3,484,375 and 3,484,376 while Australian Gold has a pending trademark Application No. 85/227,366 with the US Trademark Office.

Australian Gold alleges that it received a cease-and-desist letter from Ruelala, demanding that Australian immediately cease using the Rue La La mark. The complaint states that Australian sells a "tanning preparation product" for use in indoor tanning facilities under the name RUE LA LA. It is alleged that Ruelala operates a "private sale event website" that offers limited time sales on various consumer products, rather it is alleged that the products sold are "high-end third-party products." Australian Gold states that none of the products sold by Ruelala are named RUE LA LA. Australian claims that no customers are confused by the co-existence of Australian Gold's product and Ruelala's service. Australian now seeks a declaratory judgment of non-infringement and no unfair competition based upon Ruelala's threats of litigation.

Practice Tip: It appears from the complaint that Australian and Ruelala's uses of the mark are in entirely unrelated lines of business. Ruelala will have to show that the products offered are sufficiently similar to create a likelihood of confusion. It is also interesting that Australian Gold alleges it has used the mark since November 2011. The complaint states that Ruelala applied for its trademarks in September 2010.

This case has been assigned to Judge Sarah Evans Barker and Magistrate Judge Debra McVicker Lynch in the Southern District of Indiana, and assigned Case No. 1:12-cv-0374-SEB-DML

Further Information about the case is as follows:

Plaintiff:

AUSTRALIAN GOLD LLC

Defendant:

RUELALA INC

Case Number:

1:2012cv00374

Filed:

March 23, 2012

Court:

Indiana Southern District Court

Office:

Indianapolis Office

Presiding Judge:

Sarah Evans Barker

Referring Judge:

Debra McVicker Lynch

Nature of Suit:

Intellectual Property - Trademark

Cause:

28:2201 Constitutionality of State Statute(s)

Jury Demanded By:

None

Complaint-Australian Gold v Ruelala