Ii New York General Business Law 349
New York General Business Law § 349 protects against “eceptive acts or practices in the conduct of any business” in New York. N.Y. Gen. Bus. L. § 349. Plaintiff’s prima facie case requires it to show: Defendant directed its acts at consumers, i.e. , the acts were “consumer-oriented” Defendant’s acts were misleading in a material way and Plaintiff was injured as a result. Saggio v. Select Portfolio Servicing, Inc. , 2015 WL 6760132, at *1112 ). “It is clear that the gravamen of the complaint must be consumer injury or harm to the public interest. ” Securitron Magnalock Corp. v. Schnabolk , 65 F.3d 256, 264 ). Defendant cross-moves for summary judgment on this claim.
C Defendant Opens A Store On Long Island In November 2018
Defendant first became aware of Plaintiff’s business in 2012. . Six years later, in November 2018, Defendant opened its first store in New York in the village of Farmingdale on Long Island. . According to Plaintiff, Defendant did not advertise this location until ten days prior to the grand opening. , Ex. 13 to Decl. of David M. Barshay ). According to Defendant, however, it “specifically advertised its Farmingdale store at least as early as February 2018.” . Plaintiff asserts that, in the time since Defendant has opened it store, many people have mistaken its store and services with that of Defendant’s. . Defendant contends that these “individuals were actually customers looking for [Defendant’s store.” ).
How Much Does A Cashier Make At Floor And Decor In Farmingdale
Average Floor and Decor Cashier yearly pay in Farmingdale is approximately $27,000, which is 19% above the national average.
Salary information comes from 2 data points collected directly from employees, users, and past and present job advertisements on Indeed in the past 36 months.
Please note that all salary figures are approximations based upon third party submissions to Indeed. These figures are given to the Indeed users for the purpose of generalized comparison only. Minimum wage may differ by jurisdiction and you should consult the employer for actual salary figures.
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I Saw A Product Displayed In My Local Store Can I Order It
Yes, you will need the product name or SKU# to place the order which can be found on a tag on or near the product. You can also visit from your mobile device in-store to scan the barcode. Simply select the SCAN & barcode icon on the right of the search bar to activate the scanner.
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Length And Exclusivity Of Use
Because “no absolute time span can be posited as a yardstick in cases involving secondary meaning,” the length and exclusivity of use factor is “evaluated in light of the product and its consumers.” Centaur Commc’ns, Ltd. v. A/S/M Commc’ns , 830 F.2d 1217, 1225 , overruled on other grounds byPaddington Corp. v. Attiki Importers & Distribs., Inc. , 996 F.2d 577, 585 . “he longer and more exclusive the trade use, the more likely it is that a mark has acquired secondary meaning,” BigStar Ent., Inc. v. Next Big Star, Inc. , 105 F. Supp. 2d 185, 203 , and “ourts often point to five years of exclusive use of a mark as evidence of secondary meaning,” Hello I Am Elliot, Inc. v. Sine , 2020 WL 3619505, at *10 .
Plaintiff says its Rockville Centre store has used the “Floor Decor” tradename since its founding in 1974, with the same street-facing exterior sign exhibiting its mark since 1984. Pl. 56.1 ¶¶ 6, 3132. But Defendant’s evidence, when viewed in Defendant’s favor, which the Court must do on Plaintiff’s motion, raises questions of fact on this issue. For example, Defendant has adduced evidence suggesting that Plaintiff used other marks before the secondary-meaning cutoff of 2015. E.g. , Def. Resp. 56.1 ¶ 9. Much of this evidence, however, dates to the tail-end of 2014 and beyond, i.e. , near or after the deadline for Plaintiff’s mark to have obtained secondary meaning. E.g. , Ex. 20 to Henn Decl. cf.Easy Spirit, LLC, 515 F.Supp.3d at 63, .
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B Defendant Floor & Decor Outlets Of America Inc
Defendant Floor & Decor Outlets of America, Inc. was founded in 2000 in Atlanta, Georgia and has used the tradename “Floor & Decor” since 2003. . Defendant sells “hard surface flooring” along with “accompanying trim and decorative products” in a warehouse-style store. . Defendant, however, does not “offer installation services, nor does it sell carpet, bedding, furniture, fabrics, barware, vases, mirrors, wall art, or window treatments.” . In 2006, Defendant registered its “Floor & Decor” mark with the United States Patent and Trademark Office. .
Defendant’s business has considerably expanded since its founding. . A Google search of the terms “floor decor,” “floor and decor,” or “floor & decor” each yield Defendant’s website as the first advertised and first organic listing. . In its first three years in the New York metropolitan area, Defendant spent more than $3,500,000 in advertising alone. . In 2016 and 2017, Defendant opened two stores in New Jersey. .
Pl.s Reply Mem. of Law at 11 ).
What Are People Saying About Floor & Decor
Here are some reviews from our users.
“Great selection and customer service. Taki was super helpful, knowledgeable and patient. He spent time helping us select materials for our new bathroom. His expertise and suggestions were tremendously helpful. Ask for Taki if you visit the Farmingdale store!”
“This store have some really good support and sales staff. I have been here for 2 projects and each time the floor people helped me out. I was helped by Rich today and he explained the entire shower remodel process in details and helped me get the material that were needed. Great experience and friendly staff.”
“Had everything you could want. Great selection. Helpful staff. Returns were easy but odd that I had to wait on the same line to make my return. The line was exceptionally long that was the same as the paying register so I had to walk in and go to the back of the store.”
“Alexis was wonderful! She walked us around the store and helped us pick out everything we needed for our flooring needs. We were sent from Avon store and she was much more knowledgeable than the Avon store. Adrienne also gave us her knowledge on wax/ conditioner for hardwood floor.”
“After my wife was roaming aimlessly, out of nowhere Samantha Ng appeared and offered her assistanceWithin 2 hours we had confirmed 2 baths, entrance hall and laundry room. She was patient, knowledgeable and had wonderful sense of style for what we wanted. Thank you, she is an asset.”
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About Floor And Decor:
Floor and Decor is a 21-year-old business that began operations in the year 2000. Atlanta, Georgia, is where the companys headquarters are situated. It is a hard surface flooring and related accessories multi-channel specialty merchant in the United States. Tile, wood, laminate, natural stone flooring goods, and installation accessories are the primary products sold by this firm.
This firm caters to commercial and professional installers. This firm now runs 100 warehouse-style stores as of 2018. This companys items are also available for purchase on their website.
Iii New York Common Law Unfair Competition
Both Plaintiff and Defendant move for summary judgment on the New York common law unfair competition claim. “The elements necessary to prevail on common law causes of action for trademark infringement and unfair competition mirror Lanham Act claims,”Info. Superhighway, Inc. v. Talk America, Inc. , 395 F. Supp. 2d 44, 56 , except that proving secondary meaning is unnecessary, Fraga v. Smithaven MRI , 866 F. Supp. 107, 112 ). New York common law requires plaintiff to show ” actual confusion or a likelihood of confusion and the defendant’s bad faith.” LVL XIII Brands , 209 F. Supp. 3d at 678. “Under New York law, the gravamen of an unfair competition claim is the bad faith misappropriation of a competitor’s commercial advantage.” MiniFrame Ltd. v. Microsoft Corp. , 2013 WL 1385704, at *8 and Eagle Comtronics, Inc. v. Pico Prods., Inc.,256 A.D.2d 1202, 682 N.Y.S.2d 505, 50607 ), aff’d , 551 Fed. App’x 1 . “Central to this notion is some element of bad faith.” Saratoga Vichy Spring , 625 F.2d at 1044.
The parties cite exclusively to federal cases analyzing New York State unfair competition claims simultaneously with federal Lanham Act claims.
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Floor & Decor Launches The Grand Opening Of Its 4th Long Island Area Store In Garden City New York On March 14 2022
Grand Opening Celebration and Pro Event
ATLANTA—-Floor & Decor , a leading specialty retailer of hard-surface flooring, will expand its nationwide footprint when it opens the doors to its newest location in Garden City, New York on March 14, 2022. The 75,000 square-foot Floor & Decor warehouse store and design center will open with a team of about 50 full-time and part-time associates led by Franklin Guardarrama, the new stores Chief Executive Merchant.
Floor & Decor is excited to open a store in Garden City, said Guardarrama. We are eager to introduce both Professional customers, as well as Homeowners, to our one-stop solution for their flooring needs with an extensive selection of in-stock, trend-right flooring options. We offer great service and quality flooring at unbeatable prices. With our free design services, we look forward to helping every customer turn their vision into reality.
$5,000 Floor Makeover Sweepstakes
The Garden City Floor & Decor store will be giving away a $5,000 Floor Makeover as part of its grand opening festivities. Starting on March 14, customers will have the chance to register to win a $5,000 gift card from Floor & Decor. Interested parties can register online at www.floormakeovergardencity.com Registration ends on April 13, 2022.
Store Address: 650 Stewart Ave., Garden City, NY 11530
Additional company information can be found at www.flooranddecor.com and on Facebook .