The suit says these acts likely will cause irreparable injury to Lorillard's goodwill and reputation. Specifically, Lorillard alleges that S&M used its Newport font and color schemes in its advertising for Bailey's. The complaint alleges trademark infringement, counterfeiting and unfair competition. Lorillard, Greensboro, N.C.-based, seeks an order enjoining defendant S&M Brands Inc. from using the marks. It also wants compensatory and punitive damages, attorney fees and costs, and disgorgement of S&M's profits.Newport cigarettes, which Lorillard introduced in 1956, have become the nation's leading brand of menthol cigarettes and the second-best-selling cigarette brand overall, according to the lawsuit.
S&M is attempting to "trade off the resounding consumer goodwill of the Newport marks and Lorillard's Newport brand products," the complaint says. Lorillard says S&M's actions could cause smokers to look less favorably on the Newport marks and Newport brand cigarettes because the marks are being used to sell a "lower quality product." "Consumers dissatisfied with [S&M]'s Bailey's cigarettes may then avoid Newport brand cigarettes," the suit says.
Lorillard maintains that S&M's (Steve and Mac Bailey - father and son) actions were deliberate, intentional and in bad faith.
Reference: Competitor Copied Newport Marks, Lorillard Says by JOE HYLKEMA, Andrews Publications Correspondent, Findlaw.com.
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