Zulay Files Lawsuit Against Sellers
By: Grace Gillis and Cj Rosenbaum
Zulay has recently filed a lawsuit for trademark infringement under the Lanham Act, copyright infringement, violations of the infringement, violations of the Illinois Deceptive Trade Practices Act, and civil conspiracy against the Partnerships and Unincorporated Associations involved in the suit. This case was filed in the United States District court in Northern District of Illinois on July 14, 2022. The defendant in this case is a list of sellers including Amazon storefronts. A temporary restraining order was filed on July 14, 2022 and a mailed notice was then sent out.
What is the Lanham Act?
The Lanham Act is the federal statute that governs trademarks, servicemarks, and unfair competition. The Act protects the owners of a federally registered trademark against the use of similar marks if such use is likely to result in consumer confusion, or if the dilution of a famous mark is likely to occur. Illinois Deceptive Trade Practices Act prohibits the use of any deception, fraud, false pretenses or promises, concealment, suppression, or omission of any fact that is material to a business dealing or transaction
Who is Zulay?
Zulay is a brand that sells anything one may need for their kitchen. These items range from a milk frother, citrus juicer, to spatulas. Many of their products can be found in retail stores across America including Target and Walmart. In addition to selling in stores all of their products can be found on their own website. Although Zulay has their own website many of their products can be found on other websites including Amazon. Many of the resellers on Amazon are third-party, which means they do not have explicit permission from Zulay to be selling their products.
The main item sold by Zulay in this lawsuit is the milk frother. The frother is a handheld device that can be used to make milk frother which is typically added to coffee. The device aerates the milk by whipping it into a light foam. Milk frothers have recently become more popular to take carbonation out of drinks and to help mix drinks with a powder together.