Not as unique as it should be, according to Unique Photo Inc., the Fairfield photography retailer, which has filed a lawsuit in U.S. District Court in Newark accusing an online photographic equipment supplier of violating the store’s “Unique” trademark.
The suit accuses South Orange-based Unique Photo Deals, which operated a website called UniquePhotoDealsUSA.com and a store on Amazon.com, of being “engaged in counterfeiting and infringing” the Fairfield’s store’s “Unique” trademarks, three of which have been registered since 1997.
The suit says the alleged counterfeiter agreed to cease using the name in February, stopped operating the Amazon site and relinquished the UniquePhotoDealsUSA.com Web address to Unique Photo. But the South Orange company then continued to use the Unique Photo Deals USA name selling elsewhere.
The trademark used by the South Orange company is “substantially indistinguishable” from the Fairfield company’s trademark, and that is “likely to cause confusion” and deceive customers, the suit says.