BRIDGEPORT, Conn. (CN) - Victoria Kann is anything but tickled pink over Dixie Daly's attempts to trademark "Pinkalicious" and "Purpilicious." Kann, co-author and illustrator of the HarperCollins children's books "Pinkalicious" and "Purpilicious," claims Daly proposed marketing a "Pinkalicious" chocolate bar and teaming up on the trademark. But Kann says Daly filed a trademark application for "Pinkalicious" in her own name, and when "Purpilicious" was released two months later, Daly filed a trademark application for "Purpilicious," without Kann's knowledge or authorization.
In her federal complaint, Kann says that when she failed to respond to Daly's overtures, "Daly had the audacity to assert that plaintiff was somehow the infringer."
Kann claims that she is the senior user of the Pinkalicious family of trademarks. She also sued Daly's company, Tickled Pink Group, which owns a Colorado-based Web called TickledPinkBoutique.com.
Kann is represented by Edmund Ferdinand III with Grimes and Battersby.
Subscribe to Closing Arguments
Sign up for new weekly newsletter Closing Arguments to get the latest about ongoing trials, major litigation and hot cases and rulings in courthouses around the U.S. and the world.