Arbitrability in Consumer Disputes: Forum Shopping, Unequal Bargaining Power and an Alternate Way Ahead
by Alka Khangembam* and Udit Chaudhary**
by Alka Khangembam* and Udit Chaudhary**
The unauthorized use of the “LIV” element in a manner that does not materially differentiate the defendants’ mark from the plaintiffs’ well-established “Liv.52” mark amounts to a violation of the plaintiffs’ statutory rights.
The present suit seeks a permanent injunction against trademark infringement, passing off, and unfair competition arising from the sale of footwear featuring marks that are nearly identical or deceptively similar to the plaintiff’s established N Device and 550 marks.