LOS ANGELES – A Los Angeles clothing company is seeking declaratory judgement regarding a trademark.

Third Estate LLC, doing business as m n m l, filed a complaint on Dec. 20 in the U.S. District Court for the Central District of California against Scott Wilson Design LTD seeking declaration of noninfringement of trademark.

According to the complaint, the plaintiff sells clothing and headwear under the m n m l mark while the defendant sells home and home accessory design products. The suit states the defendant owns the m n m l mark for clothing, but has not used it in commerce since 2013. The defendant sent a letter to the plaintiff in December accusing the plaintiff of infringing its trademark rights. The plaintiff alleges it has not infringed the mark because the defendant has abandoned the mark.

The plaintiff seeks declare that the plaintiff did not infringe any trademark, declare that the defendant's rights under '458 registration are invalid, void and/ or unenforceable, all legal fees and any other relief as the court deems just. It is represented by David Martinez of Robins Kaplan LLP in Los Angeles.

U.S. District Court for the Central District of California Case number 2:16-cv-09413-JAK-SK

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U.S. District Court for the Central District of California
312 N Spring St
Los Angeles, CA 90012

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