Mary Kay Objects to Coupon Site’s Use of Its Brand Name

Originally published by Klemchuk LLP IP Blog.

Mary Kay, a cosmetics company headquartered in Addison, Texas, has filed a lawsuit in Texas federal court against the digital coupon website RetailMeNot alleging among other things trademark infringement and trademark dilution for the use of its logo on the RetailMeNot website.
Mary Kay does not offer coupons or sell products directly to consumers at all. The RetailMeNot website, however, advertises that it has the company’s coupons on its website, presumably to increase visits to the website, according to Mary Kay’s complaint. Presently, when one runs a Google search for “Mary Kay coupons,” RetailMeNot’s website still pops up as the No. 1 result.
Responding to the complaint, RetailMeNot asserted a free speech defense. In a statement to the federal court, th…

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