(CN) – A company that makes nonpiercing nipple jewelry called Nipple Huggers can sue a woman who is selling a similar product under the same name, a federal judge ruled.
Claudia Croft trademarked “Nipple Huggers” for nonpiercing nipple jewelry she sells through her company Sheer Delight Inc.
She and Sheer Delight sued Jeanette Lewis, who owns a website, Underthehoode.com, that also sells nonpiercing nipple jewelry that she calls “Under the Hoode Nipple Huggers.”
Lewis tried to dismiss the complaint, claiming fair use since her company uses the term “nipple huggers” in a “descriptive sense.”
U.S. District Judge James Whittemore denied the motion.
“Construed favorably to plaintiffs, the nonmoving parties, the undisputed facts relied on by defendant do not demonstrate that defendant is entitled to summary judgment on the issue of fair use,” Whittemore wrote.