A federal judge handed cosmetics company Glow Industries its first no go in a lawsuit against J. Lo.
After hearing arguments on Monday from the small Los Angeles company and defendants Coty, Inc., the worldwide perfume and fragrance conglomerate that markets and distributes Glow by J.Lo perfume, Judge Margaret Morrow denied Glow Industries' request for a preliminary injunction, according to the plaintiff's attorney O. Yale Lewis. Had it been granted, the motion would have forced Coty to remove all boxes of J.Lo's Glow from store shelves nationwide until the trademark dispute had been settled.
In her opinion rendered Tuesday, Judge Morrow didn't find sufficient evidence of consumer confusion between the two brands.
Although both lines of products are available nationwide, Glow Industries' perfume is sold at boutiques, specialty stores and high-end department stores such as Bergdorf Goodman and is more expensive, while J.Lo's line can be purchased at general department stores like Macy's and pharmacy chains.
It wasn't all bad news in the latest round of the small scent maker's trademark infringement lawsuit against Lopez and Coty. Monday's hearing also determined a date for trial. Glow Industries, looking to resolve the matter before next year's holiday shopping season, petitioned the court to start the trial in September, while Coty, wanting to capitalize on consumers' spending surge in November and December, asked to start the proceedings in February 2004. While neither party got exactly what it wanted, Judge Morrow's decision to begin the trial October 21 fell closer to the small company's request.
Glow Industries filed its complaint in Los Angeles' U.S. District Court, Central District of California, in August. In November, Judge Morrow tentatively ruled against the preliminary injunction.
Coty, Inc.'s Lancaster Group struck a licensing deal with Lopez's Sweetface Fashion Co., LLC, in March, which allowed it to develop and market fragrances and cosmetics bearing the J.Lo by Jennifer Lopez brand. In July, the company entered into a similar agreement with singer Celine Dion.