Strom Holdings, LLC manufactures and sells adult diapers in countries throughout the world. Strom’s Space® branded diapers are especially popular among Adult Baby Diaper Lovers or “ABDL” enthusiasts. Tykables, a direct competitor, recently announced the launch of its own diaper brand called Space Cadet. Space Cadet is confusingly similar to Strom’s trademark.
To prevent market place confusion among consumers, and to protect its Space® brand, Strom filed a lawsuit for federal trademark infringement, and related claims, in the Northern District of Illinois. Strom also filed a motion for a Temporary Restraining Order (TRO) seeking a ruling that would immediately stop Tykables from promoting or selling Space Cadet diapers.
On Thursday February 15, 2018, Judge Lefkow granted Strom’s motion for a TRO. Judge Lefkow ruled that Strom is likely to succeed in demonstrating that Tykables’ promotion and planned distribution of “Space Cadet” diapers constitutes trademark infringement and creates a significant risk of consumer confusion. The case is still pending and the next hearing will be held on March 13, 2018. Here is a copy of the TRO Order.
Casey Strom, Strom Holding’s CEO, is pleased with the ruling but expressed frustration that the case could not be resolved prior to litigation: “I sincerely regret that to date we have been unable to come to a settlement that would protect our mark while minimizing the financial burden for both parties.”
Strom Holdings is represented by Anderson J. Duff at Revision Legal and Daliah Saper at Saper Law. Both firms represent trademark owners bring and defend trademark infringement and unfair competition actions in State and Federal Courts. Saper Law and Revision Legal also regularly file trademark applications, manage international trademark portfolios, and litigate cases before the Trademark Trial And Appeal Board.
For more information about this case or any other trademark matter, contact Daliah Saper at Saper Law or Anderson J Duff at Revision Legal.