Hardwood And Engineered Hardwood
We believe in being innovative and using materials that are made to look beautiful and last a long time. Some of the latest flooring technology that we use includes Columbia Floorings new SuperiorShield® to protect against stains, germs, dirt, and grime. We also use PureBond® formaldehyde-free technology which is safer for you and your family, and UniClic® for fast, easy installation. Our wood floors dont just look beautiful, they are also crafted beautifully as well!
A Time Period To Determine Secondary Meaning
Before weighing the factors, the Court first addresses the proper time period for determining secondary meaning. Plaintiff argues its mark must have acquired secondary meaning between 1974″when opened its store”and 2015″when entered the market” by advertising in the New York City region. Pl. Mem. at 8 Pl. Reply at 12 . Defendant argues in favor of “assess secondary meaning as of November 2018i.e., more than three years after transitioned away from to Floor Decor & Design ” and the year in which Defendant opened its store on Long Island. Def. Opp. at 11, 14 Def. Resp. 56.1 ¶ 126.
Secondary meaning must be acquired “by the time the allegedly infringing product came on the market.” LVL XIII Brands , 209 F. Supp. 3d at 654 see alsoEasy Spirit, LLC v. Skechers U.S.A., Inc. , 515 F.Supp.3d 47, 6162, Hi-Tech Pharmacal Co., Inc. v. Hi-Tech Pharms., Inc. , 2007 WL 1988737, at *10 )). The relevant market here consists of the New York State counties of Kings, Nassau, Queens, and Suffolk the four counties geographically comprising Long Island, New York . See Pl. 56.1 ¶¶ 104, 109, 127, 140 Def. Opp. at 11.
As such, Plaintiff’s mark must have achieved secondary meaning by July 2015. Cf.Saratoga Vichy Spring Co. v. Lehman , 625 F.2d 1037, 1043 .
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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, .
I Trademark Infringement Under The Lanham Act
Section 43 of the Lanham Act “protect an unregistered trademarks … against infringement.” Genesee Brewing Co., Inc. v. Stroh Brewing Co. , 124 F.3d 137, 142 . A plaintiff alleging trademark infringement must prove “its mark is entitled to protection” and “the defendant’s use of its own mark will likely cause confusion with plaintiff’s mark.” Gruner + Jahr USA Publ’g v. Meredith Corp. , 991 F.2d 1072, 1074 . Plaintiff’s unregistered mark is the tradename “Floor Decor.” E.g. , Pl. 56.1 ¶ 6 Def. 56.1 ¶ 167.
An unregistered mark merits protection under the Lanham Act if it “would qualify for registration as a trademark,” Star Indus., Inc. v. Bacardi & Co. Ltd. , 412 F.3d 373, 381 , meaning it “either is inherently distinctive or has acquired distinctiveness through secondary meaning,” Two Pesos, Inc. v. Taco Cabana, Inc. , 505 U.S. 763, 769, 112 S.Ct. 2753, 120 L.Ed.2d 615 . Plaintiff concedes its mark is not inherently distinctive. Pl. Mem. at 7.
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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.” ).
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Castille Legacy Ivory Matte Porcelain Tile Floor & Decor
Floor & Decor Get the look of natural stone with this beautiful Legacy Ivory Matte Porcelain Tile. This 15 x 30 tile comes in white and has a matte finish. This beautiful tile was made in Spain, a country renowned for its high-quality tile. This tile is 50% more slip resistant when compared to ordinary tile that has a DCOF less than or
Reclaimed Wood In Spring Branch Tx
Reclaimed wood is currently generating immense interest, and Reclaimed Wood Floors in Spring Branch, TX, has an option for every style. With the strength and texture of Reclaimed Wood, we have a unique floor for the atmosphere that you want to create in Spring Branch homes and offices.
Giving your flooring a vintage look in harmony with other elements of your interior style is not the easiest thing to do. Many homeowners can have a hard time to find the perfect hardwood species and match its texture to complement their existing décor or furniture.
Fortunately, you can avoid this headache by turning Supreme Hardwood Floors, Inc. and purchasing our reclaimed hardwood flooring. We know you are in the market for reclaimed floors, and we are happy to provide you the same at a fraction of the price.
Reclaimed wood is filled with unique materials from old barns, rural structures, buildings & other sustainable sources of reclaimed timber. Rich in history and character, the reclaimed wood at Supreme Hardwood Floors, Inc. is carefully deconstructed and processed. What you receive here is 100% usable and guaranteed to be authentic reclaimed wood floors.
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Herringbone Floors Installation Spring Branch Tx
Herringbone flooring is parquet floors with a herringbone design. Creating a herringbone pattern requires individual boards to be erratically arranged in rectangles, forming a stunning visual effect.
The herringbone pattern is a French design by origin, and it seems to have originated in the mid to late 1600s. Centuries ago, it used to be a popular flooring pattern that Europeans preferred for their castles & family mansions. The very uniqueness of Herringbone flooring makes it a perfect choice for both traditional & contemporary interiors.
Moreover, the herringbone flooring design is widely preferred for modern homes & commercial spaces. The design is adaptable, and it can gel with the background and create a subtle effect or have a dominating presence, any way you want it!
A Likelihood Of Confusion
To assess the likelihood of confusion, the same factors relevant to a federal Lanham Act claim “may be used … for the purposes of a New York unfair competition claim.” Computer Assocs. Int’l, Inc. v. AJV Computerized Data Mgmt., Inc. , 889 F. Supp. 630, 638 ) George V Restauration S.A. v. Little Rest Twelve, Inc. , 58 A.D.3d 428, 429, 871 N.Y.S.2d 65, 67 . In the seminal case, Polaroid Corp. v. Polarad Elecs. Corp. , Judge Friendly outlined eight considerations: strength of the trademark similarity of the marks proximity of the products and their competitiveness with one another evidence that the senior user may “bridge the gap” by developing a product for sale in the market of the alleged infringer’s product evidence of actual consumer confusion evidence that the imitative mark was adopted in bad faith respective quality of the products and sophistication of consumers in the relevant market. 287 F.2d 492, 496 . The “analysis is not mechanical, but rather, focuses on the ultimate question of whether, looking at the products in their totality, consumers are likely to be confused.” Star Indus., Inc. , 412 F.3d at 384.
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Floor & Decor Opens Its 150th Store With The Grand Opening Of Its South Austin Texas Store On August 18 2021
Grand Opening Celebration and Pro Event
ATLANTA—-Floor & Decor a leading specialty retailer of hard-surface flooring, opens the doors to its newest location in South Austin, Texas on August 18, 2021. This announcement marks a milestone in Floor & Decors history, being its 150th store nationwide. This opening is the 20th store location in Texas and the third store in the Austin market. The 80,000 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 Daniel Kuck, the new stores Chief Executive Merchant.
Floor & Decor is thrilled to open our doors in South Austin, said Kuck. We are excited 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 unmatched 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 South Austin Floor & Decor store will be giving away a $5,000 Floor Makeover as part of its grand opening festivities. Starting on August 18, customers will have the chance to register to win a $5,000 gift card from Floor & Decor. Interested parties can register online at www.floormakeoversouthaustin.com. Registration ends on September 10.
Store Address: 9315 S IH 35 North Bound Service Road, Austin, TX 78744
B Secondary Meaning Factors
The Court now turns to the secondary meaning factors in the order listed above, mindful that the exercise “is an inherently factual inquiry.” Yarmuth-Dion, Inc. v. D’ion Furs, Inc. , 835 F.2d 990, 993 seeThompson Med. Co. , 753 F.2d at 217 but seeJewish Sephardic Yellow Pages, Ltd. , 478 F. Supp. 2d at 34445 . As neither party addresses the “attempts to plagiarize” factor, the Court omits it below.
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Iv New York General Business Law 360
A New York General Business Law § 360-l requires plaintiff to prove ” that it possess a strong markone which has a distinctive quality or has acquired a secondary meaning … and a likelihood of dilution by either blurring or tarnishment.” Fireman’s Ass’n of State of New York v. French American School of New York , 41 A.D.3d 925, 928, 839 N.Y.S.2d 238, 24142 . The same factors relevant to secondary meaning under the Lanham Act are relevant to secondary meaning under New York General Business Law § 360-l . De Beers LV Trademark Ltd. v. DeBeers Diamond Syndicate Inc. , 440 F. Supp. 2d 249, 280 JJFM Corp. v. Mannino’s Bagel Bakery , 70 Misc. 3d 171, 17677, 132 N.Y.S.3d 582, 590 see alsoP.F. Cosmetique, S.A. v. Minnetonka Inc. , 605 F. Supp. 662, 67173 .
For the reasons expressed above, whether Plaintiff’s mark obtained a secondary meaning on this record cannot be decided on summary judgment. See supra Discussion Section I.
Parquet Floors Installation Spring Branch Tx
Parquet is made up of strips of real wood assembled in a square or in a rectangle called a mosaic. Parquet must be glued directly to the subfloor using a unique adhesive. Parquet flooring is available in both pre-finished and a sand-on-site styling.
Parquet was popular in the 70s and is still used today in Spring Branch homes. In the flooring industry, Parquet is a type of floor made from wooden blocks or strips forming a pattern. Sometimes the Parquet includes inlays of other wood types and materials.
The installation of Parquet requires a well-leveled subfloor, and the sanding involved in the process should be left to professional like us. The most important thing when stripping the wood is always to follow its grain, and this is rather hard to achieve on a surface made from wooden blocks, but with Custom Wood Installation at Supreme Hardwood Floors, Inc., you do not even have to break a sweat.
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Mediterranean Style : Tips For Mediterranean Home Decor
A simple yet sophisticated foyer welcomes guests to this 1930s Mediterranean villa in Los Angeles. By limiting the decor to a marble-topped table and worn neutral runner, the designers ensured that all eyes would be on the rooms interesting architectural details, like the coffered ceilings, carved faces and Spanish-style staircase.
Come Visit Our Showroom In Austin Tx
Whether you need Hardwood Floors, Hardwood Floors Installation, Sanding and Refinishing services, or if you have Custom Inlay or Wall Flooring in your mind, we can handle this and more for you.
With Supreme Hardwood Floors Inc., a highly recommended flooring company in Austin, TX, rest assured, you can be sure that youre in good hands when youre choosing long-lasting, durable hardwood for your home or commercial space. Contact us today to begin taking steps toward the custom floor installation youve always wanted. With us, you can experience durability, easy maintenance, and a multitude of designing options that hardwood can offer you. Our experts are waiting for your call to guide you to the flooring of your dreams!
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One of the most popular beach vacation destinations in Texas, South Padre Island attracts revelers to swim in its warm Gulf of Mexico waters and play at its many oceanfront resorts. The barrier island off the southern tip of Texas is home to hotels and resorts for all budgets and styles of travelers although properties here definitely skew towards 3-star and 2-star options with no true luxury options.
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