Vitaminsea accuses BeautyMark of infringing its federally-registered VITAMINSEA trademark. Vitaminsea manufactures bath and beauty products that utilize seaweed as a key ingredient, and has used the VITAMINSEA mark on such goods continuously since 2011. BeautyMark also makes beauty products containing seaweed, and at some point adopted VITAMINSEA.BEAUTY as a mark. BeautyMark sought to register this mark in 2018, but abandoned the application after receiving a rejection over Vitaminsea’s mark. Vitaminsea asserts that BeautyMark nevertheless continues to use the mark on similar products that are sold through similar channels of trade, including via Amazon and brick-and-mortar stores. Vitaminsea points to instances of actual confusion, where consumers contacted Vitaminsea looking for assistance with BeautyMark products. Vitaminsea also asserts unfair competition under the Lanham Act.
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