A federal judge halted a Macy’s-Calvin Klein chocolate giveaway on Monday, granting an Oregon sweet shop’s request for a restraining order.
This story first appeared in the December 22, 2009 issue of WWD. Subscribe Today.
In a lawsuit filed Friday, Eugene, Ore.-based Euphoria Chocolate Co. alleged that a promotional box of chocolates that Macy’s has given to customers who buy the Calvin Klein fragrance Euphoria infringes on its own trademark rights. According to Macy’s Web site, the candy is a gift to shoppers who spend $65 or more on the scent.
Along with the complaint, filed in U.S. District Court in the confectioner’s hometown, Euphoria Chocolate also filed a motion for a temporary restraining order and preliminary injunction. Judge Ann Aiken signed the order Monday.
“The court finds that plaintiff is likely to prevail on the merits and there is a strong possibility of irreparable injury to plaintiff due to the likelihood of customer confusion and the national scope of the defendants’ alleged infringement,” Aiken wrote, adding that the order “will not substantially harm” Macy’s or Calvin Klein.
A representative of Macy’s Inc. could not immediately be reached for comment. Calvin Klein Inc. did not return a request for comment. Neither defendant had been served with the suit at press time, according to court records.
The order bars the defendants from using the phrase “Euphoria” on boxes of candy and in advertisements and promotions using boxes of candy. According to its suit, Euphoria owns the trademark to the phrase for the candy, chocolate sauce and cocoa categories. It filed for the rights to the mark in October 2008, according to court documents.
The firm is seeking a permanent injunction, the destruction of goods found to be infringing, legal fees and unspecified damages, among other remedies.