This case was last updated from U.S. District Courts on 03/06/2022 at 08:46:25 (UTC).

Glencairn IP Holdings Ltd. et al v. Bed Bath & Beyond Inc.

Case Summary

 

On January 5, 2022, Glencairn IP Holdings Ltd. and Glencairn Crystal Studio Ltd. (collectively, “Glencairn”), represented by Abby F. Rudzin of O’Melveny & Myers LLP, filed an intellectual property lawsuit against Bed Bath & Beyond Inc. (“Bed Bath” or "Defendant"), seeking injunctive relief with damages, pre-judgment interest, costs and attorneys’ fees, for the Defendant’s alleged willful violation of Glencairn’s rights and an intent to trade on the goodwill associated with the GLENCAIRN® Trade Dress. This case was filed in U.S. District Court in the Southern District of New York with Judge Lewis A. Kaplan and Judge Stewart D. Aaron presiding

 

In the complaint, the Plaintiff alleged that, “Glencairn introduced the iconic GLENCAIRN® Glass, depicted below and often referred to as the “Official Whisky Glass,” in 2001. Glencairn intended to fill a void in the whisky tasting and drinking glass markets, the lack of a dedicated whisky glass, with the GLENCAIRN® Glass. The registered trade dress of the GLENCAIRN® Glass has come to be associated with first-rate quality glass, glass crafting, and whisky tasting.” 

 

The Plaintiff further alleged that, “Defendant Bed Bath is manufacturing and offering for sale a whiskey glass, depicted below, that imitates the GLENCAIRN® Glass and infringes on and misappropriates Glencairn’s trademark rights in the iconic GLENCAIRN® Glass.” “Bed Bath’s packaging and advertising (reproduced below) for the Our Table™ Whiskey Glasses (Set of 2) (the “Our Table Glass”) also uses an image of a whiskey glass that is identical to the GLENCAIRN® Glass.”

 

The Plaintiff also alleged that, “Bed Bath is blatantly trading off of the goodwill associated with Glencairn’s trade dress and the GLENCAIRN® Glass by offering for sale Bed Bath’s infringing imitation of the GLENCAIRN® Glass in a manner that is likely to cause consumer confusion and deceive the public regarding the source, sponsorship, or affiliation of the infringing glass.”

 

The Plaintiff lists out five claims for relief. The first claim alleged is for Federal Trade Dress Infringement – Lanham Act § 32, 15 U.S.C. § 1114. The second claim alleged is for Federal Unfair Competition – Lanham Act § 43(a), 15 U.S.C. § 1125(a). The third claim alleged is for State Trade Dress Dilution – New York General Business Law § 360-l. The fourth claim alleged is for Common Law Trade Dress Infringement, and the fifth claim alleged is for Common Law Misappropriation.

 

In their prayer for relief, the Plaintiff requested that the Court preliminarily and permanently enjoin Bed Bath from manufacturing, selling, or offering for sale the Our Table Glass substantially similar to the GLENCAIRN® Glass and GLENCAIRN® Trade Dress. The Plaintiff further requested that the Court award Glencairn its ascertainable damages along with punitive damages and prejudgment interest, costs, and attorney fees. The Plaintiff also requested that Bed Bath be required to deliver up for destruction all merchandise, products and other printed materials which bear the infringing GLENCAIRN® Trade Dress and grant such other and further relief to Glencairn as the Court deems just and appropriate under the circumstances.

 

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    1:22-CV-00107

  • Filing Date:

    01/05/2022

  • Case Status:

    Disposed - Other Disposed

  • Case Type:

    Intellectual Property - Trademark

Judge Details

Presiding Judge

Lewis A. Kaplan

Referral Judge

Stewart D. Aaron

 

Party Details

Plaintiffs

Glencairn IP Holdings Ltd.

Glencairn Crystal Studio Ltd.

Defendant

Bed Bath & Beyond Inc.

Attorney/Law Firm Details

Plaintiff Attorney

Abby Faith Rudzin

Attorney at O'Melveny & Myers LLP

7 Times Square

New York, NY 10036

 

Court Documents

1 #1

Main Document

1 #1

Exhibit 1 - Glencairn Trademark Registration

1 #2

Exhibit 2 - Glencairn Product Listings

1 #3

Exhibit 3 - Bed Bath Product Screenshot

#2

(#2) CIVIL COVER SHEET filed..(Rudzin, Abby) (Entered: 01/05/2022)

#3

(#3) REQUEST FOR ISSUANCE OF SUMMONS as to Bed Bath & Beyond Inc., re: #1 Complaint,. Document filed by Glencairn Crystal Studio Ltd., Glencairn IP Holdings Ltd...(Rudzin, Abby) (Entered: 01/05/2022)

#4

(#4) RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Glencairn Crystal Studio Ltd., Glencairn IP Holdings Ltd...(Rudzin, Abby) (Entered: 01/05/2022)

#5

(#5) AO 120 FORM TRADEMARK - NOTICE OF SUBMISSION BY ATTORNEY. AO 120 Form Patent/Trademark for case opening submitted to court for review..(Rudzin, Abby) (Entered: 01/05/2022)

#6

(#6) ELECTRONIC SUMMONS ISSUED as to Bed Bath & Beyond Inc...(pc) (Entered: 01/06/2022)

#7

(#7) AO 120 FORM TRADEMARK - CASE OPENING - SUBMITTED. In compliance with the provisions of 15 U.S.C. 1116, the Director of the U.S. Patent and Trademark Office is hereby advised that a court action has been filed on the following trademark(s) in the U.S. District Court Southern District of New York. Director of the U.S. Patent and Trademark Office electronically notified via Notice of Electronic Filing (NEF)..(pc) (Entered: 01/06/2022)

#8

(#8) ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement) and Dispositive Motion (i.e., motion requiring a Report and Recommendation). Referred to Magistrate Judge Stewart D. Aaron. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 1/7/22) (yv) (Entered: 01/07/2022)

#9

(#9) NOTICE OF VOLUNTARY DISMISSAL pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, with prejudice against the defendant(s) Bed Bath & Beyond Inc.. Document filed by Glencairn IP Holdings Ltd., Glencairn Crystal Studio Ltd.. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Rudzin, Abby) (Entered: 02/16/2022)

#10

(#10) AO 120 FORM TRADEMARK - CASE TERMINATED - SUBMITTED. In compliance with the provisions of 15 U.S.C. 1116, the Director of the U.S. Patent and Trademark Office is hereby advised that a final decision was rendered on 2/16/2022 in a court action filed on the following trademark(s) in the U.S. District Court Southern District of New York. Director of the U.S. Patent and Trademark Office electronically notified via Notice of Electronic Filing (NEF). (tp) (Entered: 02/17/2022)

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Docket Entries

  • 02/17/2022
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  • Docket(#10) AO 120 FORM TRADEMARK - CASE TERMINATED - SUBMITTED. In compliance with the provisions of 15 U.S.C. 1116, the Director of the U.S. Patent and Trademark Office is hereby advised that a final decision was rendered on 2/16/2022 in a court action filed on the following trademark(s) in the U.S. District Court Southern District of New York. Director of the U.S. Patent and Trademark Office electronically notified via Notice of Electronic Filing (NEF). (tp) (Entered: 02/17/2022)

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  • 02/16/2022
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  • Docket(#9) NOTICE OF VOLUNTARY DISMISSAL pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, with prejudice against the defendant(s) Bed Bath & Beyond Inc.. Document filed by Glencairn IP Holdings Ltd., Glencairn Crystal Studio Ltd.. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Rudzin, Abby) (Entered: 02/16/2022)

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  • 01/07/2022
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  • Docket(#8) ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement) and Dispositive Motion (i.e., motion requiring a Report and Recommendation). Referred to Magistrate Judge Stewart D. Aaron. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 1/7/22) (yv) (Entered: 01/07/2022)

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  • 01/06/2022
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  • Docket(#7) AO 120 FORM TRADEMARK - CASE OPENING - SUBMITTED. In compliance with the provisions of 15 U.S.C. 1116, the Director of the U.S. Patent and Trademark Office is hereby advised that a court action has been filed on the following trademark(s) in the U.S. District Court Southern District of New York. Director of the U.S. Patent and Trademark Office electronically notified via Notice of Electronic Filing (NEF)..(pc) (Entered: 01/06/2022)

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  • 01/06/2022
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  • Docket(#6) ELECTRONIC SUMMONS ISSUED as to Bed Bath & Beyond Inc...(pc) (Entered: 01/06/2022)

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  • 01/06/2022
  • DocketCase Designated ECF. (pc) (Entered: 01/06/2022)

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  • 01/06/2022
  • DocketMagistrate Judge Stewart D. Aaron is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (pc) (Entered: 01/06/2022)

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  • 01/06/2022
  • DocketCASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Lewis A. Kaplan. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #https://nysd.uscourts.gov/rules/ecf-related-instructions..(pc) (Entered: 01/06/2022)

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  • 01/05/2022
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  • Docket(#5) AO 120 FORM TRADEMARK - NOTICE OF SUBMISSION BY ATTORNEY. AO 120 Form Patent/Trademark for case opening submitted to court for review..(Rudzin, Abby) (Entered: 01/05/2022)

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  • 01/05/2022
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  • Docket(#4) RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Glencairn Crystal Studio Ltd., Glencairn IP Holdings Ltd...(Rudzin, Abby) (Entered: 01/05/2022)

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  • 01/05/2022
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  • Docket(#3) REQUEST FOR ISSUANCE OF SUMMONS as to Bed Bath & Beyond Inc., re: #1 Complaint,. Document filed by Glencairn Crystal Studio Ltd., Glencairn IP Holdings Ltd...(Rudzin, Abby) (Entered: 01/05/2022)

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  • 01/05/2022
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  • Docket(#2) CIVIL COVER SHEET filed..(Rudzin, Abby) (Entered: 01/05/2022)

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  • 01/05/2022
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  • Docket(#1) COMPLAINT against Bed Bath & Beyond Inc.. (Filing Fee $ 402.00, Receipt Number ANYSDC-25546718)Document filed by Glencairn IP Holdings Ltd., Glencairn Crystal Studio Ltd.. (Attachments: #1 Exhibit 1 - Glencairn Trademark Registration, #2 Exhibit 2 - Glencairn Product Listings, #3 Exhibit 3 - Bed Bath Product Screenshot).(Rudzin, Abby) (Entered: 01/05/2022)

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