The Art and Creative Materials Institute ( 201cACMI 201d) is an association of arts and crafts material manufacturers that provides safety certifications for such materials. It tests materials to ensure that materials that are given the 201cACMI Approved Product (AP) Seal 201d and 201cACMI Cautionary Labeling (CL) Seal 201d are non-toxic and carry appropriate cautionary labels. ACMI obtained a federal registration on the 201cAP SEAL 201d mark in 2008. ACMI accuses Creative Paperclay of trademark infringement, counterfeiting, passing off, dilution, breach of contract and unfair competition and violation of 93A in connection with Creative Paperclay 2019s alleged wrongful use of the ACMI Seals. Creative Paperclay had been a member of ACMI via a Subscription Agreement that governs the terms of membership, including initial and subsequent testing of the materials and payment of annual fees. ACMI asserts that Creative Play was using the AP SEAL mark on products that had not been assessed and approved in a timely fashion and on products that had been tested and decertified.
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