Blackstone Labs, LLC v. Price Consulting Group LLC et al, Civil Action No. 1:23-cv-03080-SCJ (N.D. Ga., July 11, 2023)

Blackstone Labs, LLC (“Blackstone”) has filed suit in the Northern District of Georgia for trademark infringement.

Blackstone sells dietary supplements under the trademark CHOSEN1. Dkt.1 at ¶ 1. Defendant, Price4Less LLC (“Price4Less”), provides goods and services under the trademark CHOISIE1, which means “chosen” in French. Id. at ¶ 2.  According to the Complaint, although Blackstone had been using the trademark CHOSEN1 since November 2015, Blackstone did not apply to register the trademark until January 2021. Id. at ¶ 12. The Complaint alleges the USPTO filings of Price4Less show the trademark CHOISIE1 was first used in July of 2020. Id. at ¶ 14. As a result, when Blackstone attempted to register the trademark CHOSEN1, the USPTO refused registration “based upon a likelihood of confusion with Price4Less’ trademark ‘CHOISIE1’ (U.S. Registration No. 6542981) for ‘Online retail store services featuring beauty and health products.’” Id. at ¶ 13. In retaliation, Blackstone filed a petition to cancel the CHOISIE1 registration due to Blackstone’s earlier use and likelihood of customer confusion. Id. at ¶ 15.

After the petition to cancel, the Complaint alleges Price4Less proceeded to buy a domain name (“Choisie1supplements.com”) and offer dietary supplements. Id. at ¶ 17. Price4Less “used and continues to use Blackstone’s identical mark “CHOSEN1” on Choisie1supplements.com and uses the English word ‘CHOSEN’ in promotional language.” Id.at ¶ 18. Blackstone alleges it sent Price4Less a letter demanding the use of both trademarks cease, “however, Price4Less continued its infringing conduct.” Id. at ¶ 19.

Blackstone brings four counts of trademark infringement against Price4Less and unnamed corporations and individuals. The case has been assigned to Judge Steve Jones.